News / South Africa / Courts

Gopolang Moloko
1 minute read
10 Dec 2018
4:42 pm

NPA suggests Omotoso’s defence using ‘delaying tactics’

Gopolang Moloko

The agency says the pastor's defence not sending original copies to the SCA has resulted in unnecessary delays.

Cheryl Zondi, who testified in the Port Elizabeth High Court about her alleged rape by Nigerian pastor Timothy Omotoso, 17 October 2018. Picture: ANA

The National Prosecuting Authority has accused Pastor Timothy Omotoso’s defence of delaying matters.

The NPA spokesperson, Tshepo Ndwalaza, said: “It was the request of the defence that they petition the Supreme Court of Appeal (SCA) in Bloemfontein that they wanted Judge [Mandela] Makaula to recuse himself in the case and also quash all the charges against Omotoso and his two co-accused.

“Those were denied by the judge locally [initially], but they decided that they should petition the SCA, and we are fine with that, but now, the delay has been the defence not sending the original copies of their documents that were supposed to be submitted there, making it difficult for the SCA to deal with the matter.”

The case against Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho has been postponed again to February 2019.

The trio is facing several charges of rape, assault, and human trafficking.

Omotoso’s defence awaits the results of attempts to get Judge Mandela Makaula to recuse himself from the case.

The SCA is expected to rule whether Makaula should recuse himself from the case on Monday.

Advocate Peter Daubermann has accused the judge of being prejudiced against the pastor in favour of first state witness Cheryl Zondi.

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,” said Daubermann.

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