PROPHETIC Healing and Deliverance Ministries founder, Prophet Walter Magaya, yesterday approached the High Court seeking an order compelling the Zimbabwe Gender Commission to stop probing him over alleged violation of women until his earlier court application, questioning the validity of the probe is heard.
Magaya who last month filed an application challenging the validity of the probe yesterday approached High Court seeking a stay of the investigation process, pending the determination of his application.
ZGC is a constitutional and independent body mandated to investigate possible violations of rights relating to gender and to receive and consider complaints from the public.
Through his lawyer, Advocate Thabani Mpofu, instructed by Mr Everson Chatambudza, Magaya has asked for an order stopping the investigations.
In an urgent chamber application heard before Justice Joseph Musakwa, Adv Mpofu argued that ZGC had taken an unlawful action violating his client’s Constitutional rights.
He said once the court application for review was filed and became pending before the court, his client became vested with a prima facie right to seek a stay of the investigations process by ZGC.
“As long as the review application is pending the respondent will be in constructive contempt of this court and its processes,” said Adv Mpofu.
Magaya also feared that such investigations will likely see his detractors and enemies seizing the opportunity to settle scores through concocted evidence which the commission may fail to sieve.
“In the circumstances the judicial remedies we seek therein will be rendered nugatory should the respondent is not stopped by an order of this court in their resolve to commence the investigations.”
ZGC represented by Adv Choice Damiso urged the court to toss out Magaya’s application for lack of merit.
She argued that ZGC was fully constituted in terms of the supreme law of the country and the enabling Act, adding that the commission has wide investigative powers emanating from two legal instruments.
“There is, therefore, no way that proceedings before this constitutional body would, by default, be considered to be an illegality. I, therefore, aver that there are no prospects for the success of the applications for review.”
Justice Musakwa reserved ruling on the matter to a later date to consider submissions by both parties’ lawyers.