‘Judge erred' – NPA to appeal Timothy Omotoso's acquittal
The NPA has also launched an internal investigation into the conduct of the first team of prosecutors involved in this matter.
The National Prosecuting Authority's (NPA) Director of Public Prosecutions in the Eastern Cape, Barry Madolo, will appeal the judgment acquitting Timothy Omotoso and his co-accused.
Omotoso and his co-accused, Lusanda Solani and Zukiswa Sitho, were acquitted by the Gqeberha High Court of 32 serious charges, including allegations of rape, racketeering and human trafficking, on 2 April.
spokesperson advocate Mthunzi Mhaga said on Tuesday that the decision to appeal Omotoso's acquittal follows a thorough consideration of the matter by an NPA internal team of experienced prosecutors and a legal opinion sourced from Senior Counsel.
ALSO READ: Omotoso's arrest sparks controversy: Lawyers challenge immigration charges
'The decision could not be rushed due to the complexity of the matter and the voluminous transcript that needed to be interrogated,' he said.
The NPA believes that there are reasonable prospects of a successful appeal despite the complexities of the legal process.
'The first step in this process is to request that the judge clarify factual findings.'
The relevant papers in this regard were filed with the Registrar of the High Court in Gqeberha on Monday.
ALSO READ: Nigerian pastor Omotoso 'illegally in SA' and set to be deported
'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.'
Omotoso trial: NPA investigates its own
The NPA has also launched an internal investigation into the conduct of the first team of prosecutors involved in this matter, which started in August 2024.
Since the judgment, the scope of the investigation has been extended to include both prosecution teams, with a view to identifying, if necessary, disciplinary steps to be taken against persons involved.
ALSO READ: Churches reject Omotoso's Buffalo City crusade plans
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 is expected in June 2025.
'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.'
'SGBV remains an unacceptable scourge in our country. This is a crisis that requires holistic and whole-of-society responses to address. The NPA remains committed to providing victims of these crimes with the support they need and the prosecutorial expertise required to ensure that perpetrators are held to account.'
NOW READ: 'The system has failed us': Omotoso victims speak out following acquittal
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
5 hours ago
- IOL News
Is the NPA failing South Africa? A deep dive into incompetence and corruption
The Bloemfontein High Court found that Moroadi Cholota's extradition to South Africa from the US was illegal. Image: Dimpho Maja / Independent Newspapers The National Prosecuting Authority (NPA) is facing a crisis of credibility, with a string of failed cases and allegations of incompetence and corruption. The recent decision by the Free State High Court to withdraw charges against Moroadi Cholota, the former assistant to former ANC secretary-general Ace Magashule, has highlighted the NPA's struggles. According to legal experts and political commentators, the NPA's challenges are deep-seated and multifaceted. According to Richard Spoor, a legal expert, the NPA's problems are rooted in a lack of leadership, inadequate resources, and a failure to retain skilled personnel. In the Cholota case, the NPA failed to follow the correct procedure for extraditing her from the US, leading to the charges being withdrawn. In other cases, such as the Koko and Nulane cases, the NPA has been accused of failing to secure cooperation from key witnesses. In October 2022, Matshela Koko and seven other people, including members of his family, were arrested on corruption charges relating to an Eskom contract. He was accused of soliciting bribes from Eskom contractors, who received lucrative contracts at Kusile Power Station. He was released a year later, and the court ruled that there was an unreasonable delay on the part of the State to proceed with the trial. Iqbal Sharma, the head of Nulane Investments, was also acquitted by Bloemfontein High Court Judge Nompumelelo Gusha, who said both the police and the NPA had been inept in their handling of the Nulane Investments fraud and money laundering case they had been facing. The NPA's failures have also been highlighted in several high-profile cases. In the case of former president Jacob Zuma, the authority has been accused of delaying and hindering prosecution. In Duduzane Zuma's case, the NPA's case collapsed due to a lack of evidence. The authority is currently pursuing an appeal against Nigerian pastor Tim Omotoso, who faced trial for approximately eight years on allegations of rape. Omotoso was acquitted after the NPA could not prove beyond a reasonable doubt that he was complicit, leaving the South African public outraged. NPA national spokesperson Mthunzi Mhaga did not respond to questions on what challenges the authority had or whether there was a lack of political support. However, responding to questions from journalists after the Cholota case, he said the NPA was "taken aback by the judgment" because the NPA believed Cholota and her lawyers were effectively appealing against the United States judgment, which permitted her extradition from there. Experts believe the NPA's problems are exacerbated by a lack of political will to support the institution. Spoor said the ruling by the Free State High Court on Cholota's extradition highlighted a consistent pattern of failure on the NPA to prosecute high-level corruption cases effectively. "The underlying reason for the ruling is that her extradition from the US was not done in accordance with international law in that the wrong procedure was followed because the request should have been made by the national Department of International Relations and Cooperation, not by the provincial authorities as has happened in this case," Spoor said. He added that the National Director of Public Prosecutions charged Cholota with offences other than the offence for which she was extradited. "This violates the so-called 'speciality principle' which is designed to protect the rights of the extradited person and to uphold the integrity of the extradition process. There are also suggestions that the NDPP lied when it made representations to the US authorities," Spoor said. Political analyst Professor Sipho Seepe said the NPA's failures have given the impression that the institution has been weaponised against certain individuals. "The NPA has not displayed the same appetite for prosecuting cases where a prima facie case has been established," Seepe said. "Bungling the NPA undermines the entire criminal justice system. This has given the impression that the institution has been weaponised against individuals who are regarded as a problem by the current political administration. "Former Chief Justice Zondo is the latest to express himself on Phala Phala, pointing out that Ramaphosa should have resigned. Advocate Ngalwana SC has pronounced himself much earlier on the subject. "The same NPA was eager to frivolously charge the likes of Carl Niehaus for violating the Covid-19 regulations… We know for a fact that it did the same when it targeted Duduzane Zuma. The case against him collapsed," Seepe said. He added: "The Koko case, the Nulane case, and that of Cholota give credence to an institution that has allowed itself to be embroiled in the factional battles of the ANC… Ordinarily, such repeated bungling should have led to the resignation of the individuals involved. Alternatively, they should have been fired." Experts contend that the NPA's problems are systemic and require a comprehensive solution. Sandile Swana, a political analyst, said the NPA's problems are rooted in corruption and incompetence. "The NPA, province by province, a significant number of prosecutors are corrupt," Swana said. "In other words, they are easily manipulated by powerful professionals, well-managed criminals, and criminal syndicates." He added that coordination between detectives and the NPA is substandard. "The engagement between the SAPS and the NPA prosecutors long before anybody is charged should test the quality of charges, the quality of any submissions that should be made," he said. He added that the quality of personnel the NPA possesses, including its leader, Shamila Batohi, was below the standard that is required to prosecute crime successfully in South Africa. [email protected] [email protected]
The Citizen
6 hours ago
- The Citizen
Trio convicted for gruesome farm attack in Eastern Cape
The accused tortured a farm owner by binding him, scalding him with hot water, and threatening to dismember him with a chainsaw. Three people who tortured a farm owner by binding him, scalding him with hot water, and threatening to dismember him with a chainsaw in the Eastern Cape have been convicted following the gruesome farm attack. The trio, 26-year-old Odwa Dyabana, 29-year-old Luthando Ngangelizwe and 31-year-old Siseko Qhayisa, were found guilty by the Eastern Cape High Court sitting in East London. The farm attack occurred on 20 February 2024 at Lorain Farm in Bluewater, within the Buffalo City Metropolitan Municipality. Conviction on multiple charges The three were found guilty on multiple counts, including robbery with aggravating circumstances, attempted murder, pointing of a firearm, five counts of kidnapping, four counts of unlawful possession of a firearm, and unlawful possession of ammunition. In addition, Dyabana was convicted of culpable homicide and reckless and negligent driving in a fatal motor vehicle collision that occurred during their attempt to flee. National Prosecuting Authority (NPA) regional spokesperson Luxolo Tyali said a fourth suspect, 26-year-old Lundi Magobongo, who had also been charged, was acquitted. 'This is after the court accepted his version that he was a contracted e-hailing driver who merely transported the accused and found that there was no evidence linking him directly to the commission of the crimes'. ALSO READ: Four arrested for Free State farm murder, kidnapped wife rescued The farm attack During the trial, the court heard how the trio arrived at the farm under the pretence of wanting to buy dogs. Once they had gained the trust of the farm owner, they lured him to the kennels using his Toyota Land Cruiser. There, they produced firearms, tied him up, and returned to the farmhouse, where they continued their robbery. Tyali said the farm owner and four employees were assaulted, kidnapped, and held hostage during the ordeal. 'The attackers tortured the farm owner by binding him, scalding him with hot water, and threatening to dismember him with a chainsaw in an attempt to force him to reveal the location of safe keys. Accused fled the crime scene 'When their efforts to access the safes failed, the assailants used tools to dislodge them from the walls, loaded them onto the stolen Land Cruiser, and fled the scene in a convoy that included the victim's Toyota Hilux,' Tiyali said. Tiyali said the stolen goods, which included the two vehicles, rifles, wedding rings, wristwatches, binoculars, and other valuables, were valued at more than R2.2 million 'As the accused fled the scene, a collision occurred on the N2 near Beacon Bay between the Land Cruiser, a Toyota Quantum and VW Polo, during which a woman sustained spinal injuries and later passed away in hospital. 'The remainder of the 15 passengers sustained minor to severe injuries. Dyabana was also convicted of her death,' Tiyali said. Arrest near crime scene Dyabana and Ngangelizwe were apprehended near the scene during the getaway — Ngangelizwe after falling from the back of the Land Cruiser, and Dyabana while trying to flee on foot. 'Qhayisa evaded arrest at the time but was captured a few days later. 'The accused pleaded not guilty to all charges. Sentencing proceedings are scheduled to take place from 1 to 4 July 2025 at the East London High Court,' Tiyali said. The NPA said it will 'pray for the court' to impose harsh sentences for the crimes. ALSO READ: Calls to address farm murders after Trump meeting [VIDEO]
The Citizen
7 hours ago
- The Citizen
Creecy intervenes in Acsa baggage screening services dispute
The dispute has resulted in multiple review applications, interdictory proceedings, and related appeal proceedings in the High Court. ACS provides baggage services on behalf of airlines operating at Acsa-managed airports. Picture: iStock Transport Minister Barbara Creecy has directed the Airports Company South Africa (Acsa) board to enter mediation with the firm responsible for baggage handling services at its airports. This comes after Acsa and the South African Civil Aviation Authority (SACAA) suffered a legal blow last month in their battle with Aviation Co-ordination Services (ACS) to take control of hold baggage control screening (HBS). Legal battles The Gauteng High Court dismissed the urgent appeal by Acsa and SACAA, which barred it from bidding for or purchasing baggage screening equipment. The court judgment upholds the High Court's order of 5 November 2024, requiring Acsa and SACAA to allow ACS to replace the relevant equipment at OR Tambo and King Shaka International Airports while a main review case is still before the courts. It confirmed that the critical replacement of old hold baggage screening (HBS) equipment may proceed at the international airports, which is needed to ensure public safety and airport efficiency. The dispute has resulted in multiple review applications, interdictory proceedings, and related appeal proceedings in the High Court. Creecy's ministerial orders issued on Thursday empower the minister to take necessary steps to safeguard national security where a risk to critical infrastructure, public safety, or the national interest has been identified. ALSO READ: Acsa loses appeal for control of baggage screening services at major airports 'Negative impact' The minister said she is concerned about the 'negative impact' the protracted litigation could have on the integrity and reliability of HBS as the first line of defence against threats in the aviation system at Acsa's airports. 'In this regard, I am satisfied that intervention is necessary to prevent potential disruption, compromise of national security, and reputational harm. 'As such, my engagements with the Acsa board have, in the main, related to finding a solution to resolve the dispute amicably and timeously to obviate any destabilisation of an essential national security function,' said Creecy. ALSO READ: Acsa interdicted from adjudicating and awarding R3bn tender Terms of reference Creecy ordered the board to finalise and execute a mediation agreement which contains the following terms of reference: The implementation of interim measures relating to the maintenance regime and whether ACS / ACSA can or should install any HBS maintenance-related equipment, including the back-up HBS units. The dispute pertaining to ACS, which is responsible for the provision of the HBS and interrelated services, will be addressed at the mediation. The provision of service of HBS and its maintenance, compliance with the applicable regulatory frameworks, budgetary and fiscal constraints, the safety of passengers who use ACSA's airports, potential revision of agreements, and the commercial relations between the parties. Negotiate, during the mediation proceedings, must be in good faith as the legal prescripts require that parties to the mediation act in the best interests of national security. Prepare and submit a comprehensive report within two weeks, setting out the total costs incurred in relation to the dispute to date. This report must include a detailed breakdown of all the legal fees, disbursements, and any other associated expenses borne by the State. Mediation ACS CEO Duke Phahla welcomed the ministerial order announced by Creecy 'We strongly believe that the current challenges can be resolved without further delay or public expenditure through the courts. Our priority is, and always has been, the safe, secure, and compliant screening of baggage on behalf of our airline clients and their passengers. 'We enter this process in the spirit of collaboration and transparency. We look forward to engaging with Acsa and the Department of Transport to find an outcome that protects the integrity of South Africa's aviation security systems,' said Phahla. ACS was established by the airline industry to provide HBS services on behalf of airlines operating at ACSA-managed airports. NOW READ: Acsa wants a look over in fight over baggage screening services
