Televangelist Timothy Omotoso, 63, together with his two co-accused, Lusanda Sulani, 41, and Zikiswa Sitho, 33, attempted to have evidence declared inadmissible in court.
However, the National Prosecuting Authority (NPA) successfully resisted, claiming that the evidence was collected in violation of the Constitution.
This as the case against the trio returned to the High Court in Gqeberha on Wednesday.
The NPA’s stance allows the evidence that was presented before the court to be taken into account throughout the trial.
Application for discharge
In court, the NPA stated that its position includes an application made on January 16 2024. The defence made an application for the judge to reconsider her previous judgment on the application for discharge. This 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. The accused are expected to present their case, and they will be subjected to cross-examination by the state.
They are facing 32 charges. The charges 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. Reason being that they said they have since moved on with their lives. As such they are not interested in reliving their experiences in court. That has led to the reduction of the charges from 63.
Jesus Dominion International (JDI) church
Omotoso is the leader of the Jesus Dominion International (JDI) church. He was denied bail while the two South African women he is charged with are out on bail.
Omotoso had major branches in South Africa, Nigeria, and Israel, with Durban being its headquarters in the country. He was addressed as “the man of God” by congregants.
The complainants were recruited under the false pretense that they would gain spiritual benefits. They were also promised that the quality of their lives will improve, as they were chosen to participate in church activities.
Omotoso is accused of paying and arranging for the complainants’ trip to his hotel in Durban, Israel, or Nigeria. This was either directly or indirectly, through his co-accused.
But when the complainants got there, Omotoso or his helpers would tell them about the house regulations. These included turning off their phones or telling them not to talk to their male friends. And they would also have to follow his directions.
Allegations of rape
It is alleged that the complainants and other female churchgoers were housed in one room together. They also slept in the same room.
“The man of God” would allegedly select one of the complainants to go to his private bedroom. There he raped or sexually assaulted them.
NPA spokesperson Luxolo Tyali said the state remains committed to ensuring that this case is finalised as soon as possible. This is so that justice is served for the victims.
The case has been remanded until December 9, 2024, in order to do additional research.
