Nigerian pastor, Timothy Omotoso, will turn to the Constitutional Court after losing his bid in the Appeals Court to have judge Mandela Makaula recused and charges against him dropped.
His lawyer, Peter Daubermann, said on Tuesday that they do not agree with the finding of the Supreme Court of Appeal and were now proceeding with an application to the Constitutional Court for leave to appeal.
He said the Constitutional Court has often overruled the SCA in the past.
Omotoso and his two co-accused Zukiswa Sitho and Lusanda Solani, face a total of 63 charges which include racketeering, human trafficking, and rape as well as 34 alternative charges.
Their case was postponed in the PE High Court on Monday to 4 February 2019.