Omotoso case postponed, pending ConCourt application
4 February 2019
Rape-accused pastor Timothy Omotoso and his two co-accused made a brief appearance in the Eastern Cape High Court in Port Elizabeth on Monday morning.
Legal representatives confirmed their arrangements to have the matter postponed to April 16.
State advocate Nceba Ntelwa said they had agreed to postpone the matter "to allow the accused's legal team to file an application to the Constitutional Court".
Omotoso's lawyer Peter Daubermann has escalated the appeal in his bid to have Judge Mandela Makaula recused from the case.
Daubermann accused Makaula of "being biased" following the testimony of the first witness, Cheryl Zondi. He claimed he was "too friendly" with her.
Three prior attempts to have Makaula recused failed last year.
After Makaula rejected the initial two applications, Daubermann escalated the matter to the Supreme Court of Appeals, which later also rejected the application, citing no probability of its success.
Makaula informed the court that Daubermann had indicated that they would be ready for the trial to resume in the third term.
"The matter has been tentatively postponed to April, pending the outcome of the Constitutional Court application," said Makaula.
Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, are facing 63 charges and 34 alternative charges, which include rape, sexual assault and racketeering.
