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NPA On Omotoso Matter
The Eastern Cape High Court in Gqeberha has dismissed an application by the National Prosecuting Authority (NPA) for clarification on the acquittal of Nigerian televangelist Timothy Omotoso and his co-accused on charges including rape, sexual assault and human trafficking.
Background of the Timothy Omotoso Case
Timothy Omotoso, a well-known Nigerian pastor and televangelist, has been at the centre of a long-running legal battle in South Africa. The case began in 2017 when he was arrested at the Port Elizabeth International Airport, now known as Chief Dawid Stuurman International Airport, on serious allegations. Omotoso, who led the Jesus Dominion International church, faced accusations from several young women who claimed they were groomed and sexually exploited under the guise of religious mentorship. The charges grew to include rape, sexual assault, racketeering and human trafficking for sexual purposes, involving alleged victims who were as young as 14 at the time of the incidents.
The trial, which spanned nearly eight years, was marked by numerous delays, changes in legal teams and public outcry over the handling of gender-based violence cases. Omotoso’s co-accused were Lusanda Sulani, aged 41, and Zukiswa Sitho, aged 33, both South African women linked to his church operations. They were accused of aiding in the recruitment and control of the alleged victims. Throughout the proceedings, Omotoso maintained his innocence, portraying himself as a spiritual leader targeted by false claims.
In a shocking turn, on 2 April 2025, Judge Irma Schoeman of the Eastern Cape High Court in Gqeberha acquitted Omotoso and his co-accused on all 32 charges. The judge ruled that the State had failed to prove its case beyond a reasonable doubt. She highlighted weaknesses in the prosecution’s evidence, including inconsistencies in witness testimonies and a lack of corroboration. This decision sparked widespread debate, with critics arguing it undermined efforts to combat sexual and gender-based violence (SGBV) in South Africa.
Following the acquittal, Omotoso left South Africa in May 2025 for Lagos, Nigeria, ending his physical presence in the country after years of court appearances and detention. His departure came amid reports of local churches rejecting plans for him to hold crusades in areas like Buffalo City, reflecting ongoing public scepticism about his innocence.
NPA’s Push for Appeal and the Clarification Application
Unhappy with the outcome, the NPA quickly signalled its intent to challenge the acquittal. In May 2025, Barry Madolo, the Director of Public Prosecutions in the Eastern Cape, confirmed that an internal team of experienced prosecutors, along with advice from Senior Counsel, had reviewed the judgment. They believed there were reasonable prospects for a successful appeal, despite the strict limits under South African law.
Under section 319 of the Criminal Procedure Act, 1977, the State can only appeal an acquittal on questions of law, not facts. This requires the trial judge to reserve specific legal questions for higher courts like the Supreme Court of Appeal (SCA). To prepare, the NPA needed clarity on the factual findings in Judge Schoeman’s judgment to link them to potential legal errors.
On 14 July 2025, the NPA brought an application before the same court, asking Judge Schoeman to clarify her judgment. Senior State prosecutor Apla Bodlani SC argued that the judgment was unclear on key factual findings, making it hard to frame questions of law for an appeal. The prosecution stressed that they were not seeking to alter or revisit the acquittal but simply needed better links between facts and legal conclusions. “The fact stands that the accused are acquitted, and the State cannot run away from it. All it wants is to link questions in law to the factual findings of the court,” the State explained.
During the hearing, Judge Schoeman questioned the NPA’s approach, saying: “So, you first want to clarify the judgment and then find a question of law.” The prosecution responded “with respect,” noting that the factual findings were not clear upon reading the judgment.
Defence Opposition and Accusations of a ‘Fishing Expedition’
Omotoso’s defence team, led by advocate Peter Daubermann, strongly opposed the application. They called it a “fishing expedition” and defective in law, arguing that the judgment was straightforward—the acquittal stemmed from the State’s failure to prove its case. Daubermann warned that granting the request would set a dangerous precedent, leaving accused persons in limbo about the finality of judgments. He pointed out that no formal application for leave to appeal had been filed, despite the 21-day window under law, and it had been about 90 days since the April acquittal.
The defence accused the NPA of abusing court processes and trying to retrospectively amend the judgment in their favour. They urged the judge not to entertain the application, labelling it “procedurally impermissible” and “embarrassingly vague.”
Court’s Decision and Reasoning
After reserving judgment from the 14 July hearing, Judge Schoeman delivered her ruling on 22 July 2025. She dismissed the NPA’s application, stating that the State was not entitled to clarification of the judgment. While detailed reasoning was not extensively reported, the decision aligned with the defence’s view that the original judgment was clear and final. This dismissal represents another setback for the NPA in a case already plagued by criticism.
Implications for the Appeal and Broader Impact
Despite the dismissal, the NPA remains determined to pursue an appeal. Spokesperson advocate Mthunzi Mhaga said: “While in our appeal, we maintain that the judge erred in certain of her findings, the Omotoso judgment has had a tragic impact on the victims involved and seriously dented confidence in the NPA and the justice system to address SGBV matters.” The authority plans to escalate the matter directly to the SCA, potentially bypassing further high court steps.
If the appeal succeeds, the NPA has indicated it may seek Omotoso’s extradition from Nigeria to face a retrial. However, legal experts note the challenges, given the narrow grounds for State appeals in acquittals.
Internally, the NPA launched an investigation in August 2024 into the conduct of the initial prosecution team, later expanded to include subsequent teams. This probe aims to identify any misconduct and could lead to disciplinary actions, highlighting ongoing efforts to restore public trust in handling high-profile SGBV cases.
The Omotoso case continues to highlight systemic issues in South Africa’s justice system, particularly around victim support and prosecutorial effectiveness. Victims’ rights groups have expressed disappointment, calling for stronger mechanisms to ensure accountability in similar matters.
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