Bishop Zondo's legal battle: Accusations of rape and the quest for acquittal

It has been months since the State closed its case against Rivers of Living Waters Church leader Bishop Bafana Stephen Zondo, but rather than proceeding with his defence against the 10 mostly rape charges against him, Zondo is using all the legal avenues open to him to avoid this.

When it was his turn to present his defence and to decide whether to take the witness stand or not, he 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 against him presented by the seven rape accusers was weak. Gauteng High Court, Pretoria Judge Papi Mosopa, however, in March 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, has asked for the judge to recuse himself. But Judge Mosopa yet again shot this application down as he found the recusal application to be without merit.

If the application was granted, it would have meant that the trial had to start from scratch and that witnesses who had testified over more than four years would have had to do so yet again, before a different judge.

Zondo is, however, set on taking matters further, as he, through Pistorius, indicated that he is set on appealing the judge’s refusal to recuse himself. The case was postponed to June 13, when Zondo will launch a leave to appeal application.

It is expected that if this application also fails, Zondo and his team will turn to the Supreme Court of Appeal to ask for leave to appeal.

In his earlier application for recusal of the judge hearing his trial in which he is accused of raping members of his church, he claimed that Judge Mosopa is biased and had already made up his mind about his guilt.

Pistorius argued that 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.

Prosecutor Jennifer Cronje, in opposing the application, 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.

The prosecution during its case presented shocking evidence from some of the alleged rape victims. One claimed that he had used the Church’s holy oil as a lubricant when he raped her, while others described his alleged sexual antics with them while he prayed for them in his office and while their eyes were closed.

Zondo, meanwhile, denied all these allegations and said his accusers were telling lies, as they were jealous of his wealth and standing in the Church.

Cape Times