Fidelis Munyoro Chief Court Reporter
Prosecutor-General Advocate Ray Goba, who has drawn fierce criticism from an alleged victim and prime witness in an alleged rape case involving Prophetic Healing and Deliverance Ministry leader Walter Magaya questioning his fitness for office could face a probe before a tribunal.
Petronellah Donhodzo Mandaza has put Adv Goba on notice that she would seek the High Court’s intervention to bring him before a tribunal to assess his suitability in the esteemed office if he persists calling on her to testify against her will.
“In the event that first respondent (Adv Goba) opposed the application, I put him on notice that I will seek that the question of his fitness to remain in office be considered,” said Mandaza.
“Should the need arise, I will also seek the intervention of this court (High Court) in that regard. I accordingly place the first respondent on notice. It obviously does not have to end that way.”
Magaya’s high-profile rape trial has been set for today in the High Court. He is also being charged with alleged unlawful termination of pregnancy and obstructing and defeating the course of justice.
Mandaza denies ever falling pregnant.
The prosecution subpoenaed Mandaza to avail herself and testify in the matter, but the woman has since approached the High Court contesting the decision, arguing she was no longer a complainant in the matter having confessed to falsely accusing Magaya of rape.
The woman, who distanced herself from the case, last week named Adv Goba and Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi as respondents in her application seeking to be excused from testifying in the matter.
Both Adv Goba and the ministry are yet to respond to Mandaza’s application that was filed on Friday at the High Court.
According to Mandaza, charges against Magaya arose from the false allegations that she made against the prophet. She accused Adv Goba of trying to force her to commit perjury.
She contends that her confession was the substance of a string of communications in which the prosecution insisted on her giving testimony.
Magaya argues that the prosecution has no right to proceed with the trial after it had lost the complainant, its sole witness.
Magaya’s lawyers, Rubaya and Chatambudza Legal Practitioners, have enlisted the services of Advocate Thabani Mpofu to represent the prophet in the trial.