Latest news with #BarryMadolo
Eyewitness News
21-05-2025
- Politics
- Eyewitness News
NPA assures Parliament no further delays in reopening inquests into deaths of Cradock Four
JOHANNESBURG - The National Prosecuting Authority (NPA) has assured parliament there will be no further delays in re-opening the inquest into the deaths of the Cradock Four, which is due to start in two weeks' time. This despite earlier delays in confirming legal representation for the family of the victims and for a military person of interest, which has still been unresolved. NPA head, Shamila Batohi, told Parliament's Justice Committee that while she accepts there have been years of unexplained delays in prosecuting Truth and Reconciliation Commission (TRC) cases, the authority is now working at full tilt to get matters to court. The government is staring down a multi-million-rand lawsuit from victims' families for years of delays in prosecutions in TRC cases, including the Cradock Four. The NPA's Eastern Cape director, Barry Madolo, indicated a commitment to get that case off the ground in June. But a dispute over whether the defence force should provide legal support to one of its members involved in the inquest could present a snag in the smooth hearing of the case. "There's been a general agreement that we are going to proceed, although there's no direction yet regarding the funding from the SANDF (South African National Defence Force). But we have contingency plans. We'll proceed for at least ten days during June." The defence force was absent from Tuesday's meeting and is expected to receive a written rebuke from the committee chairperson. READ: Legal costs stall TRC cases: NPA says disputes over funding delaying justice Former prosecutor turned Democratic Alliance (DA) Member of Parliament (MP), Glynnis Breytenbach, has slammed the police and defence force for being slow to decide on whether to pay for lawyers for apartheid era police and military officers. "The people in those departments who make those decisions should please make them. And do the right thing, and get these matters on the roll, and get them done." In response to concerns from MPs about the calibre of lawyers provided for these cases, Legal Aid CEO Ntumbedzeni Nemasisi revealed top Advocate Tembeka Ngcukaitobi has been enlisted in the case of the Cradock Four.
TimesLIVE
13-05-2025
- Politics
- TimesLIVE
State to appeal acquittal of Omotoso, two others
Eastern Cape director of public prosecutions Barry Madolo has decided to appeal the judgment of the Gqeberha high court which acquitted Nigerian televangelist Timothy Omotoso and two others. The leader of the Jesus Dominion International Church (JDI) faced 63 charges with his co-accused and JDI members Lusanda Sulani and Zukiswa Sitho. Last month the court said the cross-examination of the accused was of poor quality and the state failed to prove the case beyond reasonable doubt. The National Prosecuting Authority (NPA) said on Tuesday the decision to appeal followed a thorough consideration of the matter by an internal team of experienced prosecutors and a legal opinion sourced from senior counsel. It said the decision could not be rushed due to the complexity of the matter and the voluminous transcript that needed to be studied. 'The NPA believes there are reasonable prospects of a successful appeal despite the complexities of the legal process,' spokesperson Mthunzi Mhaga said. A convicted person may appeal a conviction on facts and the law. However, the state can only appeal an acquittal on a question of law, as opposed to facts, in terms of the Criminal Procedure Act.
The Herald
13-05-2025
- Politics
- The Herald
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. The Herald
IOL News
13-05-2025
- Politics
- IOL News
'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.
The Citizen
13-05-2025
- Politics
- The Citizen
‘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
