By Thapelo Molefe
The National Prosecuting Authority (NPA) has announced its intention to appeal the controversial acquittal of televangelist Timothy Omotoso and two co-accused.
The decision, confirmed by Eastern Cape Director of Public Prosecutions Barry Madolo, follows a detailed internal review and legal opinion by senior counsel, amid widespread public scrutiny of the judgment delivered by Judge Irma Schoeman on 2 April.
The NPA maintains that the judgment contained legal errors and has initiated proceedings in terms of Section 319 of the Criminal Procedure Act, the only legal recourse available to the state in appealing an acquittal.
The first step, a request for clarification of the judge’s factual findings, was filed with the Gqeberha High Court on Monday.
“The matter was not rushed due to its complexity and the extensive trial record,” NPA spokesperson Mthunzi Mhaga said on Tuesday.
“However, we are confident there are reasonable prospects of success on appeal.”
While the NPA prepares its legal challenge, it is also expanding an internal investigation into the conduct of both prosecutorial teams that handled the Omotoso case. Initially launched in August 2024, the probe was widened after the ruling and a final report is expected in June.
The acquittal has reignited national outrage over sexual and gender-based violence, with the NPA acknowledging the damage the outcome has caused to victims and public confidence in the justice system.
“This judgment has been a setback,” Mhaga conceded. “But it must not deter victims from coming forward.”
The authority highlighted its continued commitment to sexual and gender-based violence prosecutions, citing a 77% conviction rate in cases flowing from its 66 Thuthuzela Care Centres.
These facilities, which provide comprehensive victim support, would be expanded, the NPA confirmed.
Recent successful prosecutions were also noted, including the sentencing of a former police officer to 20 years for rape inside a Komga police station and the conviction of a serial child rapist and murderer in Mpumalanga.
“These cases demonstrate the strength of our prosecutorial teams and our determination to hold perpetrators accountable,” Mhaga stated.
Omotoso, a Nigerian televangelist and leader of the Jesus Dominion International Church, was acquitted by the high court in Gqeberha. It found that the prosecution failed to prove beyond reasonable doubt the 32 charges against him, including rape, human trafficking and racketeering.
The trial, which spanned over eight years, had been marred by delays, changes in legal teams and allegations of prosecutorial misconduct.
Despite his acquittal, Omotoso’s legal challenges are far from over. Last week he was arrested in East London for allegedly contravening the Immigration Act.
The Home Affairs Department had declared him a “prohibited person”, effectively rendering his presence in South Africa illegal.
However, he was released on Tuesday because the department did not follow correct procedures. He was supposed to be brought to court within 48 hours of his arrest which expired at 7am on Monday.
He appeared in court at 2pm on Monday.
His lawyers argued that his arrest was unlawful and an attempt to silence him.
His court appearance on Monday was marked by heightened tensions outside the East London Magistrate’s Court, where supporters and detractors clashed.
INSIDE POLITICS