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IOL News
19-05-2025
- Politics
- IOL News
NPA says appeal over Omotoso acquittal to proceed in his absence
Shamila Batohi, National Director of Public Prosecutions, has faced criticism in parliament over the handling of televangelist Timothy Omotoso's sexual assault trial. Image: Archives The National Prosecuting Authority (NPA) say they will continue with legal proceedings against Nigerian televangelist Timothy Omotoso who was acquitted of rape last month, even though he has left the country. Omotoso, who denied the 32 charges against him, was accused of sexually assaulting young women from his church in Port Elizabeth. The Department of Home Affairs said Omotoso had flown to Nigeria from OR Tambo International Airport, with the department saying in a statement that he had been classified as an "undesirable person" and would not be able to return to the country for five years. Mthunzi Mhaga, spokesperson for the NPA, said the appeal against Omotoso's acquittal would proceed in his absence. 'An appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal (SCA), as well as the judiciary. 'If the appeal succeeds, the NPA will apply for his extradition, to give effect to the order of the SCA. The NPA will use all existing bilateral, regional, and international co-operation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,' Mhaga said. South Africa's human rights organisations have opted to reserve their comments following Omotoso's departure. Javu Baloyi, Spokesperson for the Commission for Gender Equality (CGE), said the issues around Omotoso's acquittal would be the subject an inquiry instituted along with the Cultural, Religious and Linguistic Rights Commission (CRL Rights Commission) and the SA Human Rights Commission (SAHRC). The RCL Rights Commission's spokesperson, Mpiyakhe Mkholo declined to comment. The acquittal sparked a public outcry, with the Portfolio Committee on Justice and Constitutional Development expressing dissatisfaction with the NPA's handling of the matter. Xola Nqola, the committee's chairperson said: 'Members were very clear that the victims have been let down by what seems to be incompetent prosecutors. Furthermore, members raised concerns regarding the lack of supervision from provincial and national directors. "We felt that the intervention and support from the national office could have resulted in a different outcome. We also want consequence management in this matter. Those who messed up, deliberately or otherwise, must be held accountable.' [email protected]
The Citizen
19-05-2025
- Politics
- The Citizen
NPA continues with Timothy Omotoso appeal despite him leaving South Africa
The National Prosecuting Authority (NPA) says it will continue with its appeal of Nigerian pastor Timothy Omotoso's acquittal judgment despite his departure from South Africa. Omotoso, who was acquitted of charges including rape, racketeering and human trafficking, left South Africa yesterday. 'The South African legal system does not require active participation or presence of an accused person during the hearing of an appeal by a court. An appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal and the judiciary. 'Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that 'person considered undesirable', is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise,' the NPA said in a statement today. Furthermore, if successful, the prosecutorial body will apply for his extradition back to the country. 'The NPA will utilise all existing bilateral, regional and international co-operation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,' the statement read. At a recent media briefing, Cabinet noted and welcomed the NPA's decision to appeal the recent acquittal of Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho. Meanwhile, the Department of Home Affairs has noted Omotoso's departure. The department had taken the controversial pastor to court for alleged contravention of the Immigration Act 13 of 2002. 'This comes after the Minister of Home Affairs rejected an application submitted by Omotoso in terms of section 8(7) of the Immigration Act that sought to overturn an earlier decision of the Department to declare Omotoso as a prohibited person. The minister's decision meant that Omotoso was illegally in the Republic of South Africa. 'Upon his departure, Omotoso was still a prohibited person, and given that he was illegally in the country, he was issued with a notification as an undesirable person, meaning that he will not be able to return to the country for five years. 'On expiry of that five-year ban, he will have to apply for his prohibition to be [lifted] in terms of section 29 of the Immigration Act. The Department of Home Affairs continues to be guided by our unwavering commitment to upholding the rule of law without fear or favour,' the department said. – Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel. Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The South African
19-05-2025
- Politics
- The South African
NPA to proceed with Timothy Omotoso appeal despite deportation
The National Prosecuting Authority (NPA) says it will proceed with the appeal on the acquittal judgment of Nigerian televangelist Timothy Omotoso. The controversial pastor left South Africa for his home country on Sunday afternoon, 18 May. NPA spokesperson advocate Mthunzi Mhaga said the South African legal system does not require active participation or presence of an accused person during the hearing of an appeal by a court. Mhaga said an appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal (SCA), as well as the judiciary. 'Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that person considered undesirable, is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise. 'If the appeal succeeds, the NPA will apply for his extradition, to give effect to the order of the SCA. The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,' Mhaga explained. On Sunday, the Department of Home Affairs said Omotoso left South Africa after the Minister of Home Affairs Leon Schreiber rejected his application that was submitted in terms of section 8(7) of the Immigration Act that sought to overturn an earlier decision of the Department to declare him [Timothy Omotoso] as a prohibited person. Department of Home Affairs spokesperson Siya Qoza said Schreiber's decision meant that the televangelist was illegally in the Republic of South Africa. 'Upon his departure, Omotoso was still a prohibited person and given that he was illegally in the country, he was issued with a notification as an undesirable person, meaning that he will not be able to return to the country for five years. 'On expiry of that five-year ban, he will have to apply for his prohibition to be uplifted in terms of section 29 of the Immigration Act. The Department of Home Affairs continues to be guided by our unwavering commitment to upholding the rule of law without fear or favour,' Qoza said. As previously reported, earlier in April Timothy Omotoso and his two co-accused Lusanda Sulani, and Zukiswa Sitho were found not guilty of several charges including rape, sexual assault and human trafficking following a trial that lasted for eight years. The acquittal of the Jesus Dominion International leader sparked public outrage as activists, civil society organisations and politicians questioned the National Prosecuting Authority (NPA) and its role in ensuring justice is served for victims of gender-based violence and rape. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
The Citizen
19-05-2025
- The Citizen
Omotoso 'not fugitive from justice' NPA says
Dressed in a grey hoodie and dark glasses, Omotoso walked with confidence toward his flight at OR Tambo International Airport and left SA. The National Prosecuting Authority (NPA) said South Africa's legal system does not require controversial Nigerian pastor Timothy Omotoso to appear during the hearing of an appeal by a court of law. The NPA has confirmed it will proceed with its appeal of the judgment that acquitted Omotoso despite his departure from the country. Dressed in a grey hoodie and dark glasses, Omotoso walked with confidence toward his flight at OR Tambo International Airport on Sunday. Leaving SA The Nigerian pastor stopped to speak to immigration officials, but said nothing to the media as he hurried through departures. He refused to answer any questions, including whether he planned to return to SA at some point. NPA spokesperson Advocate Mthunzi Mhaga said they have noted Omotoso's departure from South Africa. 'The NPA will proceed with the appeal on the acquittal judgment notwithstanding. The South African legal system does not require active participation or the presence of an accused person during the hearing of an appeal by a court. 'Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that the person considered undesirable is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise,' Mhaga said. ALSO READ: WATCH: Kubayi demands answers after 'heartbreaking' Omotoso acquittal Extradition Mhaga added that if the appeal succeeds, the NPA will apply for his extradition to give effect to the order of the Supreme Court of Appeal (SCA). 'The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition.' Omotoso and his co-accused, Lusanda Solani and Zukiswa Sitho were arrested on 32 serious charges, including rape, racketeering and human trafficking, but were acquitted by the Gqeberha High Court last month. Arrest He was expected to leave shortly after that verdict, but instead tried to relaunch his ministry. Omotoso was arrested last weekend by Home Affairs and the police for allegedly being in the country illegally. He was released on Tuesday by the East London Magistrate's Court, pending an appeal against the charge. Mhaga said the decision to appeal Omotoso's acquittal followed a thorough consideration of the matter by an NPA internal team of experienced prosecutors and 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 believes that there are reasonable prospects of a successful appeal despite the complexities of the legal process. Additional reporting by Kyle Adam Zeeman ALSO READ: Nigerian televangelist Timothy Omotoso walks free
IOL News
19-05-2025
- Politics
- IOL News
NPA to proceed with appeal in Omotoso case despite his exit from South Africa
NPA spokesperson, advocate Mthunzi Mhaga Omotoso is not required to be present in court when the NPA appeal is made. The National Prosecuting Authority (NPA) on Monday announced that while it has noted the departure of Timothy Omotoso from South Africa , it will still proceed with the appeal on the acquittal judgment notwithstanding. "The South African legal system does not require active participation or presence of an accused person during the hearing of an appeal by a court. An appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal (SCA), as well as the judiciary," he said. Mhaga said there was no basis for authorities to block Omotoso from leaving South Africa. Get your news on the go, click here to join the IOL News WhatsApp channel. "Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that person considered undesirable, is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise," said Mhaga. He said if the NPA appeal succeeds, the prosecuting authority will apply for Omotoso's extradition. "The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition," said Mhaga.
