RIVERS of Living Waters Church leader Bishop Bafana Stephen Zondo on Wednesday asked for the recusal of the judge hearing his trial in which he is accused of raping members of his church, claiming that the judge is biased and had already made up his mind about his guilt.
Zondo last month applied for a discharge on the ten charges he is facing. This was after the State had closed its case following a lengthy trial.
It was Zondo’s turn to present his defence before the Gauteng High Court, Pretoria. He, however, chose to ask for his acquittal as he argued that at this point, the State did not prove that he had a case to answer to.
According to him, the evidence was weak. Judge Papi Mosopa, however, last month turned down his application and said at this point, Zondo did have a case to answer to.
In hitting back, Zondo’s legal team, headed by Advocate Piet Pistorius, asked for the judge to recuse himself.
In presenting his arguments Wednesday, Pistorius said the judge made remarks during his judgment in the dismissal application which indicated that he had already made up his mind that Zondo was guilty.
Pistorius said in the eyes of the reasonable observer, it is clear that the judge is unable to decide the matter impartially.
According to his argument, Judge Mosopa made findings at this stage of the trial - only after hearing the evidence of the State witnesses - which he should have made at the end of the trial.
“The only reasonable conclusion is that Judge Mosopa believes that Mr Zondo is guilty of the crimes… That alone disqualifies this judge from further participation in this trial,” Pistorius said.
He added that during the evidence presented by the complainants, they were thoroughly cross-examined by the defence. It was put to them that Zondo denied the offences and that their versions are false and motivated by ulterior purposes, Pistorius said.
Thus, he argued, it was premature for the judge to, at this stage, pronounce on their credibility when he gave his judgment in refusing the discharge application last month. In light of this, Pistorius said, Zondo would never get a fair trial.
Prosecutor Jennifer Cronje, in opposing the application, argued that Zondo’s arguments fit the saying that he “wants to have his cake and eat it”.
According to her, the defence misinterpreted Judge Mosopa’s judgment on the discharge application.
She argued that the judge never made any credibility findings against Zondo. He simply pointed out that at this stage of the trial, the witnesses delivered credible evidence, to which Zondo must answer.
Cronje said Judge Mosopa certainly did not make any final findings at this stage of the proceedings regarding Zondo’s guilt or not. She asked the court to turn down the recusal application.
Judge Mosopa will deliver his judgment on Friday.
Although he did not divulge his defence, it became clear during the prosecution’s case that Zondo claims his alleged victims are lying, either to extort money from him or to establish their rival church.
The seven alleged victims have testified since the start. Most of them only came to the fore regarding their rape allegations years later.
But well-known forensic psychologist Professor Gerard Labuschagne provided psychological insights into the delayed reporting of the complainants in this case regarding their allegations of rape. According to him, it is normal that this happens.
He also testified about the impact of rape myths and sexual abuse by religious figures. Several of the victims claimed they were sexually abused by Zondo while he had prayed for them and while their eyes were closed.
Cape Times