Archbishop Stephen Zondo, leader of the Rivers of Living Waters Church, is embroiled in a contentious legal battle at the Pretoria High Court, facing multiple charges of rape and sexual assault.
Zondo has filed an application seeking the recusal of Judge Papi Mosopa, citing concerns over potential bias.
The allegations against Zondo date back to 1980 and involve multiple women, including congregants and staff members, with one alleged victim as young as seven or eight years old. The case has faced delays and procedural setbacks since it began in 2021.
Zondo's defense team argues that Judge Mosopa's dismissal of Zondo's Section 174 application for discharge suggests prejudgment, undermining the fairness of the trial. In the dismissal, Mosopa described the prosecution's evidence as "credible, reliable, and trustworthy". The defense team is pushing for a new judge to ensure impartiality as they prepare to present their case.
In South African law, the doctrine of recusal is rooted in the Constitution, specifically Section 34, which guarantees the right to a fair public hearing before an independent and impartial tribunal.
The test for recusal contains a two-fold objective element: the person considering the alleged bias must be reasonable, and the apprehension of bias itself must also be reasonable in the circumstances.
The court's decision on whether to grant Zondo's recusal request could significantly shape the future of the case. If the application is granted, a new judge will preside over the case, potentially altering its trajectory. The outcome of this application remains crucial in determining the trial's direction.
The recusal application was heard in March 2025, and the court's decision is pending. The case has drawn significant attention due to the serious nature of the allegations and the involvement of a prominent religious leader.
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