Pastor Omotoso continues legal battle over cancelled crusade venue, mayor’s statements in East London

Although Pastor Timothy Omotoso has since left South Africa,  Stuart Laubscher,  the Nelson Mandela Bay metro based lawyer representing  The Jesus Dominion International Church in East London  said he was still taking instructions from his client and intended to proceed with legal action against the metro and mayor Princess Faku over the cancellation and events leading up to Omotoso’s departure from the country.

In April, Omotoso was released from prison after Judge Irma Schoeman acquitted him on several charges of human trafficking and sexual assault. The charges stemmed from allegations by several young female congregants, who claimed Omotoso had sexually assaulted them in a church residence in Durban.

Judge Schoeman ruled that the State had failed to prove its case, citing, among other issues, its failure to properly cross-examine Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, and to lead corroborating evidence to strengthen the case of each witness.

The National Prosecuting Authority has now taken the first steps to attempt to appeal this ruling and has asked for “clarifications” on the ruling.

Following his release from prison Omotoso relocated to East London where his church, Jesus Dominion International, was still active. At the beginning of May the church planned a “New Dawn” crusade in the city led by Omotoso. 

For this purpose they rented the Orient Theatre in East London for R14,575. Faku, however, ordered that the booking be cancelled and said publicly that Omotoso wasn’t welcome in the city.

On 10 May, the second-last day of the crusade, Omotoso was arrested in a joint operation by immigration officials and the police pending his deportation. He was declared a prohibited person in South Africa. 

He was released from custody though to provide him with a chance to appeal this ruling, but then left the country of his own accord on 18 May. 

He has been banned from South Africa for five years and should he wish to return after that he must apply for his prohibition to be lifted, according to a statement by the Department of Home Affairs.

Laubscher, however, said last week that Omotoso “didn’t have to leave South Africa” but did so of his own accord.

He confirmed that he was awaiting instructions on how to proceed in taking legal action against the Buffalo City metro, for cancelling the church’s booking and against Faku personally.

He said in a letter that their case is that the municipality – including the mayor – acted outside the scope of its power by cancelling Jesus Dominion International’s booking at the Orient Theatre and the church now wanted its deposit back. 

“Pastor Omotoso was acquitted of all charges in the High Court in Gqeberha. The reason for his acquittal is at this stage of no importance or relevance. Under South African law he is innocent of all charges,” he said. 

“The reason they advanced infringes upon our client’s rights under the South African Constitution in various ways, which does not need any further explanation as it is glaringly obvious, including but not limited to their rights to religious freedom,” he added.

He added that Omotoso’s reputation was damaged by Faku’s statements and the municipality’s actions, and their contention was that the mayor and municipal officials have abused their power.

“There is a substantial claim against the municipality (and other parties) and we are just awaiting instructions to issue summons,” Laubscher said. 

In a letter addressed to the metro and Faku, Laubscher said the church’s booking was cancelled without justification and this constituted a “misuse of public office and authority”.

“The booking was paid for in full and received by the municipal officials in East London and was summarily cancelled by yourself and this constitutes a breach of contract,” the letter addressed to Faku reads.

He added that his client wanted the reasons for the cancellation of the booking “in writing and not via social media”.

Neither Faku nor the Buffalo City metro had responded to a request for comment by the time of publication. DM