South Africans might not be clear who in the ANC is winning the battle, but there is little doubt that it is the people of the country who are losing, writes Howard Feldman.
Light rain early. More sun than clouds. Cool.
The rape trial of Nigerian pastor Timothy Omotoso has resumed in the Eastern Cape High Court.
Scenes from outside the Port Elizabeth High Court. #TimothyOmotoso #OmotosoTrial pic.twitter.com/UbqqJxJLEZ— Athi Plaatjie (@athi_plaatjie) October 22, 2018
Scenes from outside the Port Elizabeth High Court. #TimothyOmotoso #OmotosoTrial pic.twitter.com/UbqqJxJLEZ
ICYMI: Omotoso trial lays bare questions of patriarchy and the law
By Bathabile Dlamini
The proceedings at the trial against Timothy Omotoso bring to the fore critical questions for public deliberation about the theory of law in contemporary democratic South Africa.
More specifically, the conduct of the defence attorney, Advocate Peter Daubermann, calls on us to revisit the interpretation and practice of law as it pertains to the historical antagonisms of the justice systems against women.
The general rule of jurisprudence in South Africa is that lawyers possess the obligation to act in their client's best interests. However, such burden is subject to the supreme duty of all legal practitioners to the criminal justice system and the court.
The ANCWL have also condemned Omotoso supporters from wearing ANC regalia. Nontombi Maya speaks about a isolated incident and how the ANCWL dealt with it. #OmotosoTrial #sabcnews pic.twitter.com/IAl1xOScXf— Jayed- Leigh Paulse (@JayedLeigh) October 22, 2018
The ANCWL have also condemned Omotoso supporters from wearing ANC regalia. Nontombi Maya speaks about a isolated incident and how the ANCWL dealt with it. #OmotosoTrial #sabcnews pic.twitter.com/IAl1xOScXf
COLUMN: On Omotoso and continuously giving powerful men a free pass
By Redi Tlhabi
We begin the new week with the resumption of the rape trial of Pastor Timothy Omotoso in the Eastern Cape High Court.
It is a brand new week, new witnesses will take the stand, but the same old hurts will be triggered.
We expect, once again, that when twin sisters Anele and Neliswa Mxakaza take the stand this week, they too will be asked the same unwarranted, abusive questions: Why did you go to his room? Why did you not scream? Were you not enjoying it?
And the one question that not even the most hardened defenders of violent men have ever asked: how deep did the accused penetrate you? We all gasped. It was an attack on body and soul.
Dlamini: We know that women are at the bottom of the ladder of poverty, they are the face of poverty.
Issues of education are also important.
All organisations have issues of patriarchy, even the media. When we try to catch the demon of patriarchy, it changes itself.
Dlamini: We all agree that patriachy is institutionalised in South Africa, we need to have programmes that are going to break the shadows of patriarchy.
The policy is to ensure that government across all departments and spheres, as well as the private sector, must all report on what they have done to improve the quality for women.
Dlamini: We are aware that few women report cases of abuse. Concurrent to hearings, we will be revisiting the Sexual Offences Act, amongst other acts.
Cross examination should not be used as a platform to cause secondary trauma to victims of crime. The law must be proactive to victims.
Dlamini: We will stop at nothing to hold government responsible. Government will hold public hearings nationwide.
We question the Department of Correctional Services about treatment that Omotoso is allegedly receiving in their facilities.
Minister Bathabile Dlamini flagged by other government officials and gender activists will now brief the media. #TimothyOmotoso #OmotosoTrial pic.twitter.com/tdhWVM2E1t— Athi Plaatjie (@athi_plaatjie) October 22, 2018
Minister Bathabile Dlamini flagged by other government officials and gender activists will now brief the media. #TimothyOmotoso #OmotosoTrial pic.twitter.com/tdhWVM2E1t
Daubermann asks to adjourn until senior counsel is available on Thursday. Makaula says he does not want to stall proceedings.
Court adjourns until 14:00
Daubermann says he wants to consult further with senior counsel, willing to take matter to the Supreme Court of Appeal (SCA).
Asks for matter to stand down.
Court is back in session.
OVERVIEW: 'It's about justice, leave everything to us' - Judge tells Zondi ahead of postponement in Omotoso trial
Judge wishes Zondi goodluck on behalf of the court ahead of her exams.
"That is your future, you need to concerntrate on your future, and forget about what is happening here," he says.
Daubermann argues that:
a) Makaula is not impartial.
b) Has already made up his mind that Zondi's testimony is true.
c) Omotoso and accused already feel guilty in Makaula's eyes.
d) The accused seek a fair trial in front of an impartial judge.
e) Makaula's comments shows he is sympathetic towards first witness.
Daubermann refers to case in support of application.
Adds if Makaula recuses himself, trial will start all over again, Daubermann says.
"You need to recuse yourself from this matter," says Daubermann.
Daubermann requests judge to examine his remarks.
JUST IN: The two co-accused women escorted by Saps inside court. With them #Omotoso wife. #OmotosoTrial pic.twitter.com/mvBRYwB20h— Athi Mtongana (@Artii_M) October 22, 2018
JUST IN: The two co-accused women escorted by Saps inside court. With them #Omotoso wife. #OmotosoTrial pic.twitter.com/mvBRYwB20h
Singer and activist Simphiwe Dana is in the gallery of Court A. She is here to support the new witness who is expected to take the stand. #eNCA #Omotoso pic.twitter.com/sVrkeBX0P8— Sandy McCowen (@MccowenSandy) October 22, 2018
Singer and activist Simphiwe Dana is in the gallery of Court A. She is here to support the new witness who is expected to take the stand. #eNCA #Omotoso pic.twitter.com/sVrkeBX0P8
The Min of Communications, Nomvula Mokonyane is at court with Min Dlamini. #TimothyOmotoso #OmotosoTrial pic.twitter.com/UNJbVHsFo2— Lynn Williams (@iamlynnwilliams) October 22, 2018
The Min of Communications, Nomvula Mokonyane is at court with Min Dlamini. #TimothyOmotoso #OmotosoTrial pic.twitter.com/UNJbVHsFo2
At the PE high court to support Omotoso’s victims. Courtesy of the Department of Women pic.twitter.com/cNCVAxnEBc— Firebrand (@simphiwedana) October 22, 2018
At the PE high court to support Omotoso’s victims. Courtesy of the Department of Women pic.twitter.com/cNCVAxnEBc
Judge: Cannot make a ruling until both sides of the story is heard.
The council is to approach judge in chambers.
Makaula says what happens outside court has no effect in here (inside court). Police should investigate criminal conduct outside.
"I am in control here," Makaula.
Daubermann says he has been accused of asking irrelevant questions, has been intimidated.
"A very dangerous precedent is being set here, there is no possibility of the accused of receiving a fair trial."
READ: Omotoso lawyer Daubermann: 'I won't allow myself to be intimidated by ignorant people'
Advocate Peter Daubermann has condemned the actions of a crowd of protesters who chased him outside the Eastern Cape High Court in Port Elizabeth on Wednesday.
The protesters threw water at Daubermann and chanted "Stand in defence of Cheryl!" as he made a hasty exit.
The trial has begun. Timothy Omotoso is sitting alone in Highcourt. Attorney Peter Daubermann reminds the Judge that he temporarily excused them from Court this morning. The Accused say they fear for their lives if they approach the court. #eNCA #Omotoso pic.twitter.com/GeRcLvnZQJ— Sandy McCowen (@MccowenSandy) October 22, 2018
The trial has begun. Timothy Omotoso is sitting alone in Highcourt. Attorney Peter Daubermann reminds the Judge that he temporarily excused them from Court this morning. The Accused say they fear for their lives if they approach the court. #eNCA #Omotoso pic.twitter.com/GeRcLvnZQJ
"It's not safe for us to come to court," says Daubermann.
Omotoso rape trial resumes
The rape trial of Nigerian pastor Timothy Omotoso is expected to resume in the Eastern Cape High Court in Port Elizabeth on Monday.
Omotoso and his two co-accused are currently facing 63 charges and 34 alternative charges which include rape, sexual assault and racketeering.
The first witness in the matter, Cheryl Zondi testified that Omotoso raped and sexually assaulted her from the age of 14.
Under cross-examination, Zondo was asked just how deep she believed Omotoso had penetrated her and why she didn't scream.
Protesting PE residents victorious as Omotoso church shut down
Heated exchanges took centre stage outside the entrance of the Jesus Dominion International church in Port Elizabeth, as men in dark shades and suits came out of the blue garage doors to face off against protesters on Sunday morning.
Over 100 people from different political parties and members of society came together at Govan Mbeki Avenue, to demand the church close shop and the building is shut down.
The common purpose was to eliminate any links that represent the pastor, Timothy Omotoso, who is currently on trial for rape, human trafficking and other 97 related charges.
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