The case of rape accused pastor Timothy Omotoso has been postponed once again this time until Wednesday.
Judge Irma Schoeman will deliver judgment in the Port Elizabeth High Court on the application filed by defence attorney, Peter Daubermann for Omotoso and co-accused Zukiswa Sitho and Lusanda Solani to be acquitted of the charges against them.
The three are facing more than 90 charges related to sexual offences and human trafficking.
In his head argument, Dauberman says the prosecutors in the case did not have authority to prosecute as they were not appointed by the National Director of Public Prosecution.
Peter Daubermann said 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).
Daubermann says the NPA does not have the power to exercise this duty, and 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 the 31st of May, 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.
Pastor Timothy Omotoso rape case continues in Port Elizabeth High Court: