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“The application has no merit. The application is dismissed. I will deal with my reasons when I deal with the judgment at a later stage‚” Makaula said.

Omotoso’s counsel‚ Peter Daubermman‚ had earlier brought an application for Makaula to recuse himself because of comments he made when wishing state witness Cheryl Zondi well for her exams.

Makaula was accused of being “overly sympathetic” towards Zondi.

In the application‚ Daubermann quoted Makaula’s comments which he made in court last Wednesday.

“Regarding your exams … we wish you all the luck. You must pass your exams. That is your future. You must concentrate on your future … you are not doing this for yourself …. It is about justice‚” Daubermann quoted Makaula as saying.

In an affidavit read out in court on Monday‚ Omotoso said Makaula’s comments‚ wishing Zondi well‚ were biased against him. She is a University of Johannesburg marketing student.

After Makaula delivered his judgment‚ Daubermann asked the matter to stand down for him to prepare an application for leave to appeal against the order.

“I’m engaging other counsel‚ senior counsel to bring that application. Counsel will be available at 2pm on Thursday…He tells me he will ready by then to move the application‚” said Daubermann.

“This is one of those instances where the Supreme Court of Appeal will be inclined to intervene.”

Prosecutor Nceba Ntelwa asked the court to adjourn until 2pm on Monday afternoon for him to check if Daubermann was using “the correct approach” in handling the application. – HeraldLIVE