Port Elizabeth High Court judge Mandela Makaula has recused himself from the controversial Timothy Omotoso human trafficking and rape trial. On Friday, Makaula said, in the interest of justice, he would do so even though he had no financial interest or a role in the affairs of his wife’s company, which runs a guesthouse where state witnesses had been accommodated. Makaula’s wife is the sole director of the close corporation which runs the guesthouse. “I must place it on record that I am not involved [in my wife’s business], either as a director or shareholder,” he said. Makaula explicitly said there was no application brought by the defence to recuse himself based on the fact that his wife owns the guesthouse, but that it was, in his view, the appropriate thing to do. “I make this decision out of my own free will because I can foresee there could be perceived bias in the future,” he said. According to Makaula, he has declared his wife’s business interests to his employer each year. Eastern Cape judge president Selby Mbenenge addressed the court on a way forward. Three specific issues were dealt with - when the trial would start again, media involvement and coverage of the matter, and whether or not either the defence or state would bring any applications.<doc-sep>Citizen reporter and ANA Judge Mandela Makaula will no longer be involved in the human trafficking trial, which may have to start all over. All eyes were on Judge Mandela Makaula in the Port Elizabeth High Court on Friday where he furnished reasons for his decision to recuse himself from the human trafficking trial involving Nigerian Pastor Timothy Omotoso. The matter will in all likelihood have to start afresh, meaning that a new judge has been appointed to the case and evidence previously led may have to be presented before court again. Judge President Selby Mbenenge presided over the matter on Friday and the trial will resume on July 30. So far the court has heard evidence from state witness Cheryl Zondi, who gave an emotionally charged account of allegedly being raped and sexually groomed while she was a member and singer at the Jesus Dominion International Church (JDI). It is understood that 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 had been accommodated. According to a letter defence attorney Peter 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 earlier in February. Ntelwa did not reveal the names of the state witnesses, even though just one witness, Zondi, had taken the stand so far. According to Daubermann, Makaula agreed to recuse himself and stated that he would provide reasons on March 15. Daubermann has been relentless in pushing for Makaula’s recusal, citing reasons of him “being biased” and “protecting” Zondi. In October last year, Makaula dismissed an application for leave to appeal his earlier decision not to recuse himself. At the time, Makaula said the defence’s argument that he had a “cosy” relationship with Zondi was disingenuous and deliberately taken out of context. Then 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 and his co-accused to be quashed. Omotoso, who faces 63 main charges and 34 alternative counts which include human trafficking, rape, sexual assault, racketeering and conspiracy in aiding another person to commit sexual assault, has since filed a petition in the Constitutional Court in the matter. His two co-accused, Sulani and Sitho, are accused of recruiting girls from all over the country for purposes of sexual exploitation. The 58-year-old televangelist allegedly trafficked more than 30 girls and women who were from various branches of his church to a house in Umhlanga, KwaZulu-Natal, where he allegedly sexually exploited them. The pastor was arrested on April 20, 2017, by the Directorate for Priority Crime Investigation, known as the Hawks, at the Port Elizabeth Airport. The pastor has been denied bail on two occasions, as he was deemed a flight risk. The women were arrested in November 2017 and are out on bail of R2,000. – African News Agency (ANA) For more news your way, download The Citizen’s app for iOS and Android.<doc-sep>
Makaula on Friday explained the reasons for the recusal. CAPE TOWN- It's been revealed that the judge who presided over the case against Pastor Timothy Omotoso and two others recused himself after it came to light that some state witnesses had stayed at a guesthouse in which his wife has business interests. Judge Mandela Makaula made the announcement on Friday at the Eastern Cape High Court sitting in Port Elizabeth. Omotoso and his co-accused face a string of charges including rape, human trafficking and racketeering. Makaula denied that he personally has any financial interests in the guesthouse. He said that he is not involved in any company or legal entity either as a director or shareholder but he admitted that his spouse was involved in businesses, including a guesthouse, in which she holds shares. He said that this may potentially be used as a factor which could give rise to concerns over bias. "Let me place it on record that I am not involved in any company or legal entity as a director or shareholder. It is indeed so, that my wife operates business ventures, including guest houses, and she holds shares through a registered corporation of which she is the sole member. I have no financial interest and play no role in its affairs." Makaula said that for the sake of caution and in accordance with the conditions of his employment, he decided to declare this to the office of the Chief Justice. Omotoso and his co-accused's lawyer had been trying to have the judge taken off the case. (Edited by Shimoney Regter)