NPA to appeal Timothy Omotoso's acquittal
The National Prosecuting Authority's (NPA) director of public prosecutions in the Eastern Cape, Barry Madolo, has decided to appeal the judgment against infamous televangelist Timothy Omotoso and his two co-accused.
Omotoso, 63, who is the leader of the Jesus Dominion International Church, and church members Lusanda Sulani, 41, and Zukiswa Sitho, 33, were found not guilty on 32 charges including rape and human trafficking.
Delivering her ruling in the Gqeberha high court on April 2, judge Irma Schoeman slammed the management of the case by the NPA and particularly the initial poor handling of the trial by state advocate Nceba Ntelwa.
In a statement on Tuesday morning, NPA national spokesperson advocate Mthunzi Mhaga said after an extensive review of the case documents by a team of seasoned prosecutors and a legal opinion from senior counsel, Madolo decided to appeal the verdict.
The relevant papers, to seek clarity from the judge on the factual findings of the case, had since been filed with the registrar of the Gqeberha high court on Monday.
'Once a clarification of the factual findings has been received by the judge, the NPA's legal team will finalise papers on the reservations of questions of law and file this application with the registrar of the high court.
'Even though Section 319 of the CPA [Criminal Procedure Act] does not prescribe the time frame for the filing of such papers, we undertake to file the application within a reasonable period to avoid any undue delay,' the statement read.
The NPA is also proceeding with an internal investigation into the conduct of the team involved in the matter that started in August 2024.
'Since the judgment, the scope of the investigation has been extended to include both prosecution teams, with the view to identify, if necessary, disciplinary steps to be taken against peoples involved.
'After the court's judgment, the NPA appointed additional officials to assist with the investigation due to its extended scope.'
The report from the investigation in expected to be revealed in June.
Mhaga said while the NPA believed that Schoeman 'erred in certain of her findings', the judgment had impacted the reputation of the NPA to handle gender-based violence matters.
'The NPA has some of the most experienced SGBV prosecutors in the world, who know how to win cases, while also protecting the interests of victims.
'The NPA remains committed to providing victims of these crimes with the support they need, and the prosecutorial expertise required to ensure perpetrators are held to account.'
Mhaga also encouraged victims to come forward and speak out against GBV, as well as to access the Thuthuzela Care Centres across SA for comprehensive support services.
The statement comes as Omotoso is scheduled to appear again in the East London magistrate's court after his arrest at the weekend.
NPA regional spokesperson Luxolo Tyali said Omotoso was arrested after a deportation order was opened against him.
He made a brief appearance on Monday at a hearing that was initially scheduled to be held in court chambers in a private session, from which the media and the public were barred.
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