Omotoso heads to ConCourt
Pastor and co-accused to challenge SCA’s decision
Controversial Nigerian pastor Timothy Omotoso and his co-accused will approach the highest court in the country after the Supreme Court of Appeal (SCA) turned down their petition for leave to appeal against a high court judge’s decision not to recuse himself or to quash the charges against them.
Defence attorney Peter Daubermann, for Omotoso, 60, and his alleged henchwomen Zukiswa Sitho, 28, and Lusanda Sulani, 36, confirmed yesterday they would approach the Constitutional Court with an application to overrule the SCA’s order.
“We do not agree with the finding of the SCA and are proceeding with an application to the Constitutional Court for leave to appeal [the order],” Daubermann said. The trio are facing 63 main and 43 alternative charges, including human trafficking, rape, sexual assault and racketeering. At the start of their trial, Daubermann brought an application to have the charges against them quashed, claiming that the indictment did not contain sufficient information about the charges.
None of the three pleaded to the charges, prompting Judge Mandela Makaula to enter pleas of not guilty on their behalf. Makaula dismissed the application and said he would give his reasons at a later stage, which prompted Omotoso’s legal counsel to apply for leave to appeal against Makaula’s decision. This was also dismissed.
A further application was brought by Omotoso and Sulani for Makaula to recuse himself after the testimony of state witness Cheryl Zondi. The pair claimed Makaula had sided with Zondi. Makaula dismissed the application as well as an application for leave to appeal this decision.
Advocate Terry Price, SC, for Omotoso and his co-accused, then petitioned the SCA to apply for leave to appeal against Makaula’s judgments. This also failed. The trial continues on February 4.