KEY POINTS
- The NPA has appealed against Pastor Timothy Omotoso’s acquitting of rape and trafficking arguing of judicial misinterpretation of the law.
- Legal representatives filed papers before the Gqeberha High Court seeking clarification on factual findings as a preliminary step under Section 319 of the Criminal Procedure Act.
- The NPA has also widened its internal investigation into prosecutorial conduct in relation to possible disciplinary measures.
The National Prosecuting Authority (NPA) has confirmed that it is appealing against the acquittal of Nigerian televangelist Timothy Omotoso on the grounds of errors in judgement made by the High Court last month.
Omotoso, and co-accused Lusanda Sulani and Zukiswa Sitho were all acquitted by Judge Irma Schoeman of multiple charges of rape, sexual assault, and human trafficking in the Gqeberha High Court. The decision led to a national uproar, and internal examination by the NPA.
Basis of appeal
According to NPA spokesperson Advocate Mthunzi Mhaga, a specialised internal team and external legal representatives carefully considered the matter before deciding to appeal.
He observed that the state’s limitation, under Section 319 of the CPA, to only challenge points of law, the state believes that the legal reasoning of the judge was wrong.
Mhaga said the complexity of the matter and the need to thoroughly examine the voluminous transcript prevented them from rushing the decision. The NPA is under the view that there is a reasonable prospect of appealing a success.
Next legal steps
NPA appeals Omotoso acquittal by launching initial court papers on Monday, to have Judge Schoeman clarification of her factual findings in the ruling. This is the initial step before binding questions of law to appeal. According to Mhaga it is important to note that CPA does not specify certain deadline for this process but NPA is going to take a reasonable time in dealing with the process in order to avoid delays.
Once they receive clarification, the legal team will finalize and file its application to take the matter up for judicial review.
Internal review intensifies, thereby NPA appeals Omotoso acquittal
Apart from the appeal, the NPA has broadened their internal investigation into the undertakings of the prosecutorial teams that dealt with the case. First developed in August 2024, the probe now encompasses both the first and second team to find out if lapses helped to bring the case to the ground.
Since the judgment, the scope of the investigation has been widened” Mhaga said. “The NPA believes in accountability at all levels.
Background of the case
Omotoso and his co-accused had more than 30 charges ranging from racketeering to trafficking in persons. The trial consisted of several victims’ testimonies and had become a symbol of the larger fight against gender-based violence in South Africa.
The reaction from the public upon acquittal was immediate as activists and advocacy groups demanded reform on the way that high-profile sexual violence prosecution issues are handled. The Eastern cape immediately rearrested him on seperate immigration offences after his acquittal.
Legal and social implications as NPA appeals Omotoso acquittal
The appeal may establish a legal precedent on how acquittals can be judged under the South African law. It is also likely that it will have an impact on a future decision on similar cases of clergy, abuse and gender violence.
