Prophetic Healing and Deliverance Ministries founder, Walter Magaya, and his wife, Tendai, have been remanded in custody until this Tuesday following their appearance in court on fraud charges.
The couple is jointly charged with their company, Planet Africa, represented by Tendai Chinguwa.
Magaya faces an extra charge of rape.
The duo appeared before Harare magistrate Marewanazvo Gofa, who is expected to hand down her ruling on their application demanding immediate release on the grounds that they were overdetained.
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Their lawyer, Admire Rubaya, applied for their immediate release, arguing they were detained beyond the 48 hours allowed by law. He also raised complaints against the police.
"Accused 1 and 2 (Magaya and wife) were over-detained," said Rubaya. "Magaya was arrested at 5am whilst praying in the prayer mountain, praying for everyone in this country. He was arrested by over 30 armed police officers. The accused is a man of God who cannot even harm a fly.
"Same applies to second accused, she has just been arrested because she is the wife of the first accused. She was arrested around 5.30am on Saturday. She was supposed to have been released at least by 5.30 am but wasn't. So the accused are here illegally."
Rubaya further told the court that the two were held incommunicado. "They were not allowed to contact their lawyers. We visited CID Headquarters, where we had been advised they were. We were told they were not there. They were not permitted to contact their lawyers. They were not given access to their lawyers until after 11.30am on November 1, 2025, when one of the police officials who is a lawyer, Julia Chidumwa, contacted the lawyers so that we have access to them. She had to come to where we were at CID Headquarters to take us to the seventh floor, where the accused were being held. So from 5.30 to 11.30, they had no access to their lawyers and those constitutional rights were violated," he said.
Rubaya requested to lead Magaya to confirm the time of his arrest.
State representative Clemence Chimbari admitted that the two were overdetained.
Rubaya argued that their constitutional rights had been violated. "In their mind, they believe it is inconsequential but the Constitution is clear. Even if it is the state, they are obliged to follow the law," he said, adding that an exception could only be made if a court grants a warrant of further detention.
He said since the state admitted that the two were over-detained, the court should release them unconditionally.
"It is our submission that you cannot put something on nothing. It will collapse. The state is asking you to put the accused on remand notwithstanding over-detention. It's no longer an alleged fact but a fact as confirmed by the state," said Rubaya.
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"So the state is coming to you to say we know they were over-detained but we don't care. Place them on remand. That on its own, is unconstitutional. They want to tell us there is a difference between the ZRP and the state."
He added, "The main point we are raising is that the over-detention cannot be inconsequential. The law is clear. The law is bringing the accused after 48 hours. And they concede that it is after 48 hours. This court has jurisdiction to order that the accused persons be released unconditionally. If they want to arrest them after the release, they can do that and we will deal with them then. If they want to proceed by way of summons, they are at liberty to do so. What we are not allowing them is to contaminate the law by applying to place them on remand, yet they were detained beyond 48 hours."
Chimbari said there is a remedy.
"The remedy for an infringement of a constitutional right the accused can approach the Constitutional Court for compensation or damages.
Chimbari said if the Court allows the immediate release, it will be "overstepping" its judicial powers.
The rape case was heard in-camera after the public and journalists were asked to leave.
Gofa will hand down her ruling Tuesday morning.
