Prophet Walter Magaya spent his third night behind bars yesterday as his legal team and prosecutors clashed in court over whether his weekend detention—following his arrest on 13 counts of fraud and five of rape—was lawful.

During the proceedings, prosecutor Clement Chimbare requested that the rape charges be heard in camera, leading the magistrate to order journalists out of the courtroom.

According to the State, Magaya is accused of defrauding investors by falsely claiming ownership of land that actually belongs to former Reserve Bank of Zimbabwe Governor Dr. Gideon Gono. His wife, Tendai Magaya, is also implicated, with prosecutors alleging that she was part of a coordinated scheme to deceive church members and investors.

Magaya’s bail application will be determined today by Harare Regional Magistrate Marewanazvo Gofa, who is expected to rule on whether the couple’s detention breached the constitutional 48-hour rule.

The couple’s legal team — comprising Admire Rubaya, Advocate Sylvester Hashiti, and Everson Chatambudza — argued that Magaya was arrested at around 5 a.m. on Saturday at his prayer mountain, while his wife was detained 30 minutes later at the Yadah Hotel. They claimed that by law, both should have been released by 5 a.m. on Monday, urging the court to order their unconditional release.

However, prosecutor Chimbare opposed the application, stating that while the law allows accused persons to seek damages from the Constitutional Court if their rights are infringed, such claims do not erase criminal liability.

“The law provides for remedies when rights are violated, but it does not absolve the accused of wrongdoing. Criminal proceedings must still continue,” he argued.

The Magayas are being charged alongside their companies — Planet Africa (Pvt) Ltd and Yadah Connect — represented by Tatenda Chinguwo, who has also been remanded in custody.

Prosecutors allege that Magaya, his wife, and Chinguwo conspired to defraud PHD Ministries congregants and members of the public by promoting fake housing and investment schemes.

The State says the accused falsely claimed to have acquired residential land in areas such as Chishawasha, Norton, Westgate, Fern Valley (Mutare), Bulawayo, Kwekwe, Arcturus, Ruwa, Manyame, and Nyatsime, where they promised to build houses and carry out projects including farming, mining, and beekeeping.

In 2016, Magaya is alleged to have announced during a church service that God had instructed him to help congregants acquire land and build homes. He reportedly told them that the project would be managed by Planet Africa and Yadah Connect, encouraging members to make monthly payments for the stands.

The court heard that several congregants — including Feddie Manyange, Martha Dongo, Rumbidzai Dukwara, Percy Makawonesu, Tambudzai Matara, Theresa Nyanhongo, Ollitah Katsvere, Jane Nyanhongo, Asmin Karongonda, and Saul Matsamba — paid a combined US$49,000 and R195,000 to the two companies.

Magaya allegedly later took some of the investors to New Donnington Farm in Norton, falsely claiming it was his property and ready for allocation. However, the land belonged to Dr. Gono and had only been leased to the Magayas for a single farming season.

Court papers indicate that Tendai Magaya was present during the site visit and failed to disclose the true ownership of the farm, despite her involvement in negotiating the farming contract.

The deception was uncovered when the complainants later verified that the land was Dr. Gono’s and not for sale, prompting them to report the matter to the police.

The case has drawn widespread public attention due to the high-profile nature of the accused and the seriousness of the allegations.