Gqeberha court dismisses discharge application by Nigerian televangelist, Timothy Omotoso

The Supreme Court of Appeal has dismissed a bid to have Judge Mandela Makaula recuse himself in the trial of Timothy Omotoso. File photo: Raahil Sain / Independent Media

The Supreme Court of Appeal has dismissed a bid to have Judge Mandela Makaula recuse himself in the trial of Timothy Omotoso. File photo: Raahil Sain / Independent Media

Published Nov 1, 2023

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The High Court of South Africa, sitting in Gqeberha, has refused a discharge application brought by Nigerian televangelist, Timothy Omotoso.

According to the National Prosecuting Authority (NPA), the prosecution has presented enough evidence against Omotoso, 63, and his two co-accused, Lusanda Sulani, 41, and Zikiswa Sitho, 33, to continue with the trial.

“The court dismissed the accused person’s application for discharge according to Section 174 of the Criminal Procedure Act and agreed with the prosecution that the alleged irregular actions by the prosecutor, who has since been removed from the trial, could not be said to have rendered the trial unfair,” explained the NPA's Luxolo Tyali.

Omotoso, former leader of the Jesus Dominion International Church with its headquarters in Durban and branches around the country, as well as in Nigeria and in Israel, faces more than 32 charges including racketeering, trafficking in persons, rape, and sexual assault.

He is accused of raping and sexually assaulting some of his congregants after they were “recruited” to take part in various activities in the church, with the belief that they would benefit spiritually or improve the quality of their lives.

“Omotoso allegedly directly or indirectly through his co-accused, paid and arranged for the complainants to travel to his hotel, [in either] Durban, Israel, or Nigeria. When they arrived, Omotoso or his assistants would inform them of house rules, which included that their cellphones be switched off or told not to contact male companions and were to further abide by his instructions,” Tyali said.

“The complainants and other female church members were allegedly kept in one room where they also slept. Omotoso would allegedly select one of the complainants to go to his private bedroom where he raped or sexually assaulted them.”

He was arrested in April 2017 and has been denied bail while his two co-accused are out on bail.

The NPA said the trial has experienced a number of delays with some witnesses no longer wanting to proceed with their testimonies.

The trial has been provisionally postponed to November 13, for the defence case.

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