Magaya abuse case: Legal experts speak out

The latest rape allegations levelled against Prophetic Healing Deliverance (PHD) ministries by actress Charity Dhlolo has invited divided opinion with a large sector of the legal fraternity describing them as “flimsy” and “incoherent” .

Last week the former Studio 263 actress had an unsolicited interview with a local weekly and made the rape allegations after three years of commission of the  crime thereof.

The other complainant Sarah Maruta came out and absolved Magaya through a video drop in which she submitted that she was made to make the ‘false claim’ under duress.

“I was never raped by Prophet Magaya.

“Charity Dhlolo phoned me and asked me to fabricate the claims and she gave the reporter my number.

“He called me and I went to their offices on Wednesday where I was assured that our discussion will; not be in the Press.

Charity told me that Enishia (Mushusha) had offered a ticket to travel to UK if I made the claims against Prophet Magaya.

“I even went with my father to see the reporter and his editor and the editor offered me protection and said they even know the assistant commissioner (of police) and it was about time to take Magaya down.

“I don’t want to tarnish my image, very soon I also be looking at getting married,”narrated Maruta.

She alleged that United Kingdom based playwright Mushusha was the architect of planned mission to destroy Magaya.

Legal experts who spoke to this publication suggested that Magaya should sue the claimants.

“If in any case there is someone to take legal action , it should be Magaya and that other lady, her name must be Miss Sarah Maruta.

“Maruta has a locus standi to sue Ms Dhlolo for misrepresenting facts  leading to her name being soiled in the media.

“Her character was assassinated and Ms Dhlolo has a legal and moral  obligation to come clean,” said a South African based Zimbabwe born lawyer who refused to be named citing professional reasons.

Another locally based lawyer said if the matter was to see a day in court it would crumble like a deck of cards.

“If ever this matter sees a day in court, it will crumble like a deck of cards if heard before a reasonable magistrate.

“There is no iota of coherence in Ms Dhlolo’s narration in which she makes the world believe that not even security or gardeners came to her rescue at the purported rape scene where she claimed to have screamed for help.

“Where are the witnesses ?

“She cannot make us believe that at the scene it was only herself and Magaya like Adam and Eve in the garden of Eden,” he said.

“Okay fine, if Magaya is charged then Ms Dhlolo and others become accomplices and accessories to crime for concealing criminal activities as they allege,” he added.

He also said the prolonged period of time that Dhlolo and others took to file their complaints smacks of sinister motives.

However, some legal experts said Magaya’s case bordered more on morality than criminal.

Well, from how I read about the matter in the media , I came to a conclusion that it has more to deal with the moral  element rather than the criminal element.

‘Look here, if this woman was knowingly having an  intimate relationship wherein she was pampered with gifts and rentals like adult people in a relationship  do for three years then her sudden U-Turn sounds like a jilted lover and a woman scorned.

“If that is the worst case scenario regarding the two parties then its of morality and probity that needs to be scrutinized in this mutually consensual relationship considering that both parties are married,” submitted a Bulawayo based lawyer in a telephone interview.

Magaya has kept his private life a closely guarded secret and on Sunday he addressed his congregants via a live broadcast from Dubai in which he broke his silence on the matter.

He urged his followers to remain steadfast and stand in the truth.

“I’ve heard news of the hotel, I’ve heard news of different things. What I want to say to you is stand in the Lord, stand in the truth… may God reveal to us the truth in every sense. May God protect our interests in every sense.”