'The judge erred': NPA appeals acquittal of Nigerian pastor Timothy Omotoso
IOL The NPA has decided the recent acquittal of Nigerian pastor Timothy Omotoso and two others.
The National Prosecuting Authority's Director of Public Prosecutions in the Eastern Cape, Barry Madolo has decided to appeal the judgment of the High Court in Gqeberha, delivered by Judge Irma Schoeman last month, relating to the case against Nigerian televangelist Timothy Omotoso and two others.
NPA spokesperson, advocate Mthunzi Mhaga said this decision follows a thorough consideration of the matter by an NPA internal team of experienced prosecutors, as well as a legal opinion sourced from senior counsel.
'The decision could not be rushed due to the complexity of the matter and the voluminous transcript that needed to be interrogated. The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process. A convicted person may appeal a conviction on both facts and the law,' said Mhaga.
'However, the state can only appeal an acquittal judgment on a question of law (as opposed to facts), in terms of Section 319 of the Criminal Procedure Act (CPA). The first step in this process is to request for the judge to clarify factual findings.'
Get your news on the go, click here to join the IOL News WhatsApp channel.
He said the relevant papers in this regard were filed with the registrar of the high court in Gqeberha on Monday.
Once a clarification of the factual findings is received from the judge, the NPA's legal team will finalise the papers on the reservation of questions of law and file this application with the registrar of the high court.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
2 hours ago
- IOL News
Woman jailed for life after killing her father she believed used 'muthi' to kill her mother
IOL Mologadi Magdeline Mehlape pleaded guilty to the murder of her father, Dr Malekutu Johannes Mehlape, Picture: NPA A 28-year-old woman who pleaded guilty to killing her father because she believed he was responsible for the death of her mother has been jailed to life imprisonment. Mologadi Magdeline Mehlape was sentenced in the Polokwane High Court on Wednesday. The National Prosecuting Authority (NPA) said despite Mehlape's guilty plea, the court imposed the prescribed minimum sentence because the State believed the guilty plea was motivated by overwhelming evidence rather than genuine remorse. Mehlape killed her father Dr Malekutu Johannes Mehlape, who was a Circuit Manager at the Limpopo Department of Education on December 28, 2023. The NPA Mehlape orchestrated the murder following claims made by a traditional healer, who alleged that her father was responsible for her mother's death through the use of "muthi". "When attempts to retaliate using traditional means failed, Mehlape enlisted the help of various family members to hire a contract killer, agreeing to pay R200,000 for the murder," explained NPA spokesperson Mashudu Malabi-Dzhangi. The court heard that on the night of the murder Mehlape unlocked the gate and main door, granting the perpetrators access to the house. Malekutu was ambushed in his bedroom while asleep, shot multiple times, and robbed of several valuables, including his cellphone. A Ford Ranger double cab believed to have been used during the crime was seized during the arrests in Mankweng, and a firearm allegedly used in the killing was recovered during an arrest in Zebediela. Four others were also arrested in connection with the murder including traditional healer Mahlodi Melida Mathole, 34. The other three accused are Tshepo Gabriel Ranoto, Hlologelo Klaas Mogotlane, both 34, and Michael Sello Molongoane,42. Their trials have been separated and expected to appear in court on June 20, 2025 for trial. They face charges of conspiracy to commit murder, murder, robbery with aggravating circumstances, and possession of an unlicensed firearm and ammunition. In mitigation, Mehlape apologised to her family, noting that she is the primary caregiver of her toddler daughter and had unresolved disputes with her father. IOL News
IOL News
2 hours ago
- IOL News
The dark reality of mob justice in Limpopo: Vigilantism and brutal murders of accused people
IOL has spoken to crime analyst Calvin Rafadi, a research associate at the University of Johannesburg (UJ), who welcomed the recent sentencing of individuals involved in acts of mob justice, also known as vigilantism. Image: File South Africa has witnessed countless cases of mob justice, where community members viciously attack crime-accused individuals, often beating and burning them to death. The trend is particularly prevalent across the Limpopo province, and IOL has reported on numerous incidents where alleged criminals are at times tortured and brutally killed by the angry community members. IOL has spoken to crime analyst Calvin Rafadi, a research associate at the University of Johannesburg (UJ), who welcomed the recent sentencing of individuals involved in acts of mob justice, also known as vigilantism. In the latest incident, the High Court in Polokwane has convicted and sentenced 57-year-old Daniel Komana from Ga-Mothapo village, to two life terms of imprisonment for two counts of murder. Komana was also sentenced to a fine of R8,000, or four years' imprisonment, half of which is suspended for three years, for two counts of assault with intent to cause grievous bodily harm. Get your news on the go, click here to join the IOL News WhatsApp channel. Komana's co-accused, 71-year-old Rampedi Jeriel Malatjie from Ga-Molepo, was sentenced to a fine of R8,000 or four years' imprisonment, wholly suspended for three years, for two counts of assault with intent to cause grievous bodily harm. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading Mmanaka Phillemon Rasehlo, 57, also from Ga-Molepo, was handed a fine of R8,000 or four years' imprisonment, half of which is suspended for three years for two counts of assault with intent to cause grievous bodily harm. All three men - Komana, Malatjie and Rasetlo - had pleaded not guilty to the charges. The court heard that on 21 October 2019, a group of cattle owners from Sebjeng village arrived at the homestead of two accused men, Mack Leposha Mashapa and Makhotla Geoffrey Thabana. The mob forcibly took them to the Sebjeng community hall, where they were interrogated and brutally assaulted. Mashapa and Thabana were later taken to nearby bushes, where they were burned to death. Key witnesses, including the wives of the deceased men, testified regarding the events which led to the horrific murders. The matter was reported to the police at Mankweng, who responded the next morning. Komana, Malatjie and Rasetlo were arrested shortly thereafter. In aggravation of sentence, state advocate Muneiwa Ratshibvumo argued that violent crimes of this nature are widespread, and that strong punitive measures are necessary to deter communities from taking the law into their own hands. The court accepted that the crimes were premeditated and motivated by personal grievances. Advocate Ratshibvumo emphasised that the accused, as mature adults, should have acted more responsibly. Limpopo spokesperson for the National Prosecuting Authority (NPA) Mashudu Malabi-Dzhangi said the High Court in Polokwane has sent a strong message against mob justice by sentencing the key perpetrator to two life terms for the brutal abduction, assault, and murder of the two men. 'This landmark judgment reaffirms the rule of law and makes it clear that those who take justice into their own hands will face serious consequences,' said Malabi-Dzhangi. 'The National Prosecuting Authority remains committed to holding perpetrators accountable and delivering justice for victims of senseless violence.' Meanwhile, director of public prosecutions in Limpopo, advocate Ivy Thenga has welcomed the sentences as a deterrent to would-be offenders. In an interview with IOL regarding the scourge of vigilantism, crime researcher Rafadi acknowledged the high levels of crime in the country and the widespread frustration it causes among citizens. However, Rafadi emphasized the importance of communities allowing law enforcement agencies to carry out their duties in accordance with the law. 'We are all affected and frustrated by the scourge of crime, but we must give law enforcement a chance to do their work. They are the ones mandated to uphold the law and they have all the tools,' said Rafadi. He appealed to politicians, and public figures to highlight the blight of mob justice and vigilantism. Rafadi warned that such acts amount to 'kangaroo courts' that often result in severe harm and sometimes death of innocent people. Veteran forensic investigator, Calvin Rafadi. Image: Jonisayi Maromo/IOL 'Mob justice is not only unlawful, it is also a serious crime that reflects deep-seated hatred and mistrust within our communities,' he said. Rafadi said citizen arrests are legal in South Africa, and empowers communities only to arrest criminals peacefully and hand them over to the police. IOL News
TimesLIVE
10 hours ago
- TimesLIVE
Daughter sentenced to life after pleading guilty to murder of her father
The Polokwane High Court has sentenced Mologadi Magdeline Mehlape to life imprisonment after she pleaded guilty to the brutal murder of her father, Dr Malekutu Johannes Mehlape, in 2023. Dr Mehlape was circuit manager at the Limpopo education department Mehlape, 28, was convicted of murder and robbery with aggravating circumstances. In addition to life imprisonment for murder, she was sentenced to 15 years for robbery. The sentences were ordered to run concurrently, National Prosecuting Authority spokesperson Mashudu Malabi-Dzhangi said on Wednesday. The trial of four other accused — Tshepo Gabriel Ranoto, 34, Hlologelo Klaas Mogotlane, 34, Mahlodi Melida Mathole, 34, and Michael Sello Molongoane, 42 — was separated from that of Mehlape on Wednesday. They face charges of conspiracy to commit murder, murder, robbery with aggravating circumstances and possession of an unlicensed firearm and ammunition. Their trial was postponed until June 20. 'The court heard that Mehlape, who is the daughter of the deceased, orchestrated the murder following claims made by a traditional healer, Mogotlane, who alleged that her father was responsible for her mother's death through the use of 'muti'. 'When attempts to retaliate using traditional means failed, Mehlape enlisted the help of various family members to hire a contract killer, agreeing to pay R200,000 for the murder.' On the night of the incident at her father's home in Mankweng Zone 1, outside Polokwane, on December 28 2023, the accused unlocked the gate and main door, granting the perpetrators access to the house. 'The deceased was ambushed in his bedroom while asleep, shot multiple times, and robbed of several valuables, including his cellphone.' In mitigation of sentence, Mehlape apologised to her family and said she was the primary caregiver of her21-month old daughter and had unresolved disputes with her father. However, state advocate Muneiwa Ratshibvumo argued that the guilty plea was motivated by overwhelming evidence rather than genuine remorse. She described the murder as 'gruesome and heartless,' urging the court to impose the prescribed minimum sentence. 'The NPA welcomes the conviction and life sentence, viewing it as a clear affirmation of the justice system's resolve to hold perpetrators of serious and violent crimes accountable.'
