Omotoso recusal application heading to SCA
Lawyers representing controversial pastor Timothy Omotoso are heading to the Supreme Court of Appeal (SCA) in an attempt to overturn Judge Mandela Makaula decision not to recuse himself.
Omotoso's advocate, Peter Daubermann, submitted an application in the High Court in Port Elizabeth last week, asking Makaula recuse himself as presiding officer.
Makaula dismissed the original application in which Daubermann accused him of being overtly sympathetic towards the first state witness Sheryl Zondi..
Makaula on Tuesday also dismissed an application for leave to appeal, saying that the reasons given "are not compelling”.
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"It is tried without the need to site any authority that the need to appeal may only be given where the judge or judges concerned are of the opinion that the appeal will have a reasonable prospect of success or there is some other compelling reason why the appeal should be heard.
"I have exhaustedly dealt with the grounds set out in the motion of the applicants," Makaula told the court.
Daubermann then sought a postponement on the matter to approach the SCA to have the judgment appealed.
The case has been postponed to December 10, pending the defence team's petition to the SCA.
Omotoso is facing several charges, including rape and human trafficking