COURT DISMISSES YET ANOTHER APPLICATION BY OMOTOSO AND OTHERS
The National Prosecuting Authority (NPA) has successfully opposed the latest attempt by televangelist Timothy Omotoso (63) and his two co-accused, Lusanda Sulani (41) and Zikiswa Sitho (33), to have evidence deemed inadmissible, arguing that it was obtained unconstitutionally. The High Court of South Africa, Eastern Cape Division, Gqeberha, has upheld the NPA’s position, allowing the evidence to be considered in the trial. The matter has been remanded until 9 December 2024, for further proceedings. This decision follows previous applications by the televangelist for five special entries for a mistrial. Including an application made on 16 January 2024, where the defence made an application for the judge to reconsider her previous judgment on the application for discharge according to Section 174 of the Criminal Procedure Act.
Judge Irma Schoeman had previously dismissed their application for discharge, and the state was ready to proceed with the remaining proceedings in the trial, meaning that the accused must present their case and they will be subject to cross-examination by the state. The trio are facing 32 charges, which include racketeering, trafficking in persons for sexual purposes, rape, and sexual assault. The trial has experienced numerous delays since the arrest of the Nigerian national, Omotoso, in April 2017. The delays caused some witnesses to no longer want to proceed with giving evidence as they indicated they have since moved on with their lives and are not interested in reliving their experiences in court. That has led to the reduction of the charges from 63.
Omotoso, who was denied bail while the two South African women he is charged with are out on bail, is now facing charges of 32 counts, including racketeering, trafficking in persons, rape, and sexual assault. It is alleged that Omotoso, who was addressed as “the man of God”, was the leader of the Jesus Dominion International (JDI) church and his co-accused were his assistants. JDI had major branches in South Africa, Nigeria, and Israel, with Durban being its headquarters in the country.
The complainants were either congregants, employees or persons selected to take part in the activities of the church when they were recruited under the pretext 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, Durban, Israel, or Nigeria. However, once the complainants arrived, Omotoso or his assistants would inform them of house rules which included that their cell phones be switched off or told not to contact male companions and were to further abide by his instructions.
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. The state remains committed to ensuring that this case is finalised as soon as possible so that justice is served for the victims.
