Port Elizabeth High Court judge, Mandela Makaula, is expected to recuse himself from hearing the case against controversial Nigerian Pastor, Timothy Omotoso.
This was confirmed on Wednesday by Omotoso's legal counsel, Peter Daubermann.
He said that the judge had "agreed to recuse himself from the matter" and this will "happen on 15th March" when Makaula will also hand down his reasons.
"State counsel and I had a meeting with the judge this afternoon (Wednesday) in the latter’s chambers. The judge has agreed to recuse himself pursuant to my request," Daubermann said.
It is understood that Judge Makaula's decision to recuse himself relates to his ownership of a guesthouse, through a company, where certain of the state witnesses in the trial against Omotoso had been accommodated.
According to a letter that Daubermann wrote to the Director of Public Prosecutions in the Eastern Cape, this revelation was made by state advocate, Nceba Ntelwa during talks between the parties in Chambers on Monday, prior to the matter being postponed.
Ntelwa did not apparently reveal the names of the state witnesses, even though just one witness, Cheryl Zondi, had taken the stand so far.
Late last year the Supreme Court of Appeal turned down Omotoso's application for Judge Makaula to recuse himself and for the charges against the pastor to be quashed. Omotoso, who faces numerous charges that include rape and human trafficking, has since filed a petition in the Constitutional Court in the matter.
NPA provincial spokesperson Tsepo Ndwalaza said he could only comment once he was fully briefed.
