Prophetic Healing and Deliverance Ministries founder Walter Magaya will remain behind bars after Harare magistrate Marewanazvo Gofa dismissed his application for immediate release.

He had filed his application together with his wife Tendai and employee Tendai Chinguwa.

The trio had argued they were unlawfully brought before the court after being detained beyond the 48-hour limit stipulated under Section 50 of the Constitution.

Gofa, however, ruled that while the three were indeed overdetained, the violation did not warrant their release.

"All applicants were overdetained but such overdetention has no effect on their release. Accordingly, all accused have appeared before the courts... they have remedies before other courts as alluded to by the state. Accordingly, application for immediate release of the accused due to overdetention is hereby dismissed," she ruled.

The magistrate said the trio could seek redress in the Constitutional Court, adding that the court was guided by the 2015 Mloyi and Madondo case.

"In practice courts are guided by most recent case laws," she said, siding with the State's position that the accused's remedy lay elsewhere.

Gofa further ruled that no bail application would be entertained in relation to the rape case Magaya is facing. He was remanded in custody to November 13.

His lawyer, Admire Rubaya, said they would not seek bail for the separate fraud case at the magistrates' court but would approach the High Court instead.

Meanwhile, the defence team is now pursuing a bail application for Magaya's wife, Tendai.