Omotoso trial postponed as his lawyers attempt to get a new judge

Pastor Timothy Omotoso’s trial has been postponed to February 2019.

This comes as his lawyers await the results of attempts to get Judge Mandela Makaula to recuse himself from his case, which are expected to be heard on Monday at the Supreme Court of Appeal.

Makaula has been accused of being prejudiced against the pastor and biased in favour of state witness Cheryl Zondi by Omotoso’s lawyer, advocate Peter Daubermann.

The Supreme Court of Appeal is expected to rule whether Judge Mandela Makaula should recuse himself from the Pastor Timothy Omotoso case, with the result of the appeal to be announced at the High Court in Port Elizabeth on Monday.

Makaula dismissed the application calling him to step down at the end of October, hence the appeal.

READ MORE: ‘Vicious’ Daubermann reviled for defence tactics in Omotoso case

Daubermann applied on behalf of his client for Judge Mandela Makaula to recuse himself citing claims that Makaula had allowed his humanity to get the better of him.

“Unfortunately I have to criticise you on those comments,” said Daubermann at the time.

Daubermann outlined that Makaula wishing Zondi well in her exams had led him to think Makaula was sympathetic towards Zondi.

Quoting Makaula, Daubermann said comments such as “leave it to us” meant “leave it to me to see that justice is done on your behalf”.

“I understand what happened, my lord, but it’s not your job to consult with the witness. A judge cannot hint bias,” added Daubermann.

Televangelist Omotoso faces 63 main charges and 34 alternative counts, which include human trafficking, rape, sexual assault, racketeering, and conspiracy in aiding another person to commit sexual assault.

READ MORE: Cheryl Zondi launches foundation to help those abused in ‘sacred spaces’

Alleged accomplices Lusanda Solani, 36, of Durban, and Zukiswa Sitho, 28, of Port Elizabeth, stand accused of recruiting girls from all over the country and monitored their movements in the houses where they were being kept.

Omotoso was arrested by the Hawks on April 20 last year.

Zondi announced the establishment of the Cheryl Zondi Foundation at a press conference last week, which would seek to support women and children who had been abused in “sacred spaces” such as churches.

The foundation will run public awareness campaigns, assist families of victims of abuse in sacred spaces, assist victims legally, and seek to change the legal system to work better for victims.

(Additional reporting by Kaunda Selisho)

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