Judge Irma Schoeman is expected to make a ruling on Wednesday on an application filed by Pastor Timothy Omotoso’s attorney Peter Dauberman, for Omotoso and his two co-accused to be acquitted of the charges against them.
Omotoso, Zukiswa Sitho and Lusanda Solani are facing more than 90 charges related to sexual offences and human trafficking in the Port Elizabeth High Court.
In his heads of argument, Dauberman said the prosecutors in the case did not have authority to prosecute as they were not appointed by the National Director of Public Prosecutions.
Daubermann says that when his clients pleaded, the prosecutors in the case were in an acting capacity, as some of them had not signed letters of appointment.
He further argued they were acting on an arrangement between them and the National Prosecuting Authority (NPA).
Dauberman says the NPA does not have the power to exercise this duty, only the National Director of Public Prosecution does.
On this basis, according to the defence, Omotoso and his co-accused should be acquitted.
The state conceded that the prosecutors were in an acting capacity, appointed on May 31, 2020, and had an arrangement with the NPA to prosecute on the matter, but the approval was done by the National Director of Public Prosecution and Minister of Justice.
VIDEO: SABC report Mcebisi Ngqina on Monday’s court proceedings:
The bail application of Pastor Timothy Omotoso was heard in October last year.
In a letter presented to court, it came to light that the first state witness, Cheryl Zondi had asked for the previous state prosecutor in the case, Advocate Ishmat Cerfontein, to be removed.
The letter is part of new facts Omotoso’s defence brought to court in his bid to be released on bail.
Below is Omotoso’s bail application hearing: