The trial of Nigerian pastor Timothy Omotoso took a fresh twist on Monday when his legal counsel brought an application for Judge Mandela Makaula to recuse himself.
The judge rejected the application, prompting defence counsel Peter Daubermann to indicate his intention to appeal the ruling.
In his earlier submission, he said that Omotoso and Lusanda Sulani, who brought the recusal application, believed that they would not get a fair trial.
He cited the judges perceived bias towards state witness, 22-year-old Cheryl Zondi. At the end of her testimony last Wednesday, Judge Makaula thanked Zondi for coming to court to give evidence and also wished her well for her pending exams and that she should not concern herself with what was happening court.
Daubermann said the applicants believe that the judge had already decided that Zondi's version was true, adding that he had already decided to mete out justice on her behalf.
He said Omotoso was "only seeking a fair trial".
Earlier, Sulani and the third accused, Zukiswa Sitho, did not show up in court saying that they feared for their lives, but they returned later after an adjournment.
Several government ministers, including the Minister of Women in the Presidency, Bathabile Dlamini, Eastern Cape Premier Phumulo Masualle and NMB Mayor, Mongameli Bobani, attended Monday's court proceedings.
Minister Dlamini also announced that public hearing would be held into gender-based violence to address "all forms of abuses" in the guise of religion and faith.
The matter will resume on Thursday.
