By Thapelo Molefe
The High Court in Gqeberha has reserved judgment in the National Prosecuting Authority’s (NPA) application for leave to appeal the acquittal of Nigerian televangelist Timothy Omotoso and his two co-accused.
Judge Irma Schoeman, who presided over the trial in the Eastern Cape Division of the High Court, heard arguments on Monday from both the prosecution and defence regarding the state’s bid to take the matter to the Supreme Court of Appeal (SCA).
The NPA, represented by Advocate Apla Bodlani, argued that the 2 April acquittal of Omotoso, Lusanda Sulani and Zikiswa Sitho was based on errors of law. Defence attorney Peter Doubermann opposed the application.
The state contends that Judge Schoeman erred when she found the accused not guilty on all 32 charges, which included counts of human trafficking, rape, and sexual assault.
According to the NPA, the ruling focused primarily on alleged procedural issues such as claims that the trial was unfair and that the accused were insufficiently cross-examined, instead of on the substance of the testimony presented by witnesses.
“The NPA argued that there are reasonable prospects of another court finding differently,” the prosecuting authority said in a statement on Monday.
Omotoso and his co-accused were first arrested in April 2017, after several young women came forward with allegations of abuse linked to the pastor’s Durban-based Jesus Dominion International Church.
The trial, which has spanned more than seven years, has been repeatedly delayed by a series of interlocutory applications, including appeals to the Constitutional Court and five separate attempts by the defence to have a mistrial declared.
In January 2024, the defence unsuccessfully applied for Judge Schoeman to reconsider her previous ruling dismissing a discharge application under Section 174 of the Criminal Procedure Act.
Despite the court siding with the state in that instance, several witnesses later withdrew from testifying, citing emotional distress and a desire to move on with their lives. The withdrawal of these witnesses resulted in the number of charges being reduced from 63 to 32.
Throughout the prolonged proceedings, the NPA has maintained that it presented credible evidence from victims, investigators, and psychological experts, despite the numerous legal hurdles.
“The NPA remains resolute in pursuing justice for the victims of crime and will go to all lengths to give a voice to the victims by exploring all possible avenues,” said the Eastern Cape regional spokesperson Luxolo Tyali.
If the High Court grants the NPA’s application, the matter will proceed to the Supreme Court of Appeal, where prosecutors hope to overturn the acquittal.
If not, the case could mark the end of the state’s long-running effort to convict Omotoso and his co-accused.
Judge Schoeman has not indicated when judgment on the application will be delivered.
INSIDE POLITICS
