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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.
IOL News
19-05-2025
- Politics
- IOL News
NPA to appeal Omotoso acquittal, and will seek extradition if appeal succeeds
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.
The South African
17-05-2025
- The South African
NPA gives Cwecwe the thumbs down
On 17 May 2025, the National Prosecuting Authority (NPA) said no one would be prosecuted in the Eastern Cape sexual assault case. The case rocked the country earlier this year as #JusticeforCwecwe topped social media trends and news headlines. In March, a mother from Matatiele, EC, took to TikTok to allege that her seven-year-old daughter had been raped on school grounds. The woman claimed she had reported the matter to the police but the case was dismissed. Her allegations sparked public outrage, which resulted in both the police and the NPA being called to account. 'The National Prosecuting Authority NPA confirms that in November 2024, a case docket was presented to prosecutors in Matatiele Magistrates' Court as well as to the case manager at the Matatiele Thuthuzela Care Centre in the Eastern Cape. The docket contained information with suspicions of sexual assault on a minor girl', said NPA spokesperson, Mthunzi Mhaga. Mhaga said his office closely examined the details that had been presented in the docket of Cwecwe's case and had to make a decision based on the proof that was available. 'The prosecutors assessed the contents thereof and concluded that there was insufficient evidence upon which a successful prosecution could be instituted as no conclusive evidence of rape/sexual assault could be found after an interview and examination conducted on the minor girl', said Mhaga. Following this development, Mhaga said the EC Director of Public Prosecutions requested to view the docket. Thereafter, prosecutors in the DPP office relooked at the matter and confirmed the decision made by the prosecutors in Matatiele. The NPA said the decision was communicated with the investigation officers of the case. According to Mhaga, the docket was then returned to the police officers. 'The DPP's office did not release a public statement with regards to their decision at the time. In addition, doing so could have potential to compromise any ongoing police investigations', said Mhaga. On 8 April 2025, marches in honour of #JusticeforCwecwe took place in various parts of the country. Child protection organisations said the marches were to put pressure on authorities to make an arrest on the case. Mhaga said they were doing extensive work behind the scenes at the time. He said the NPA were unable to share the details with the public then. However, he said the NPA is now willing to share some information. 'In view of the public outcry and interest generated since the matter resurfaced in April 2025, the NPA has decided to communicate the decision of the prosecutors in the Eastern Cape Division. We can also indicate that the police have since resubmitted the docket to the DPP's office for further consideration', said Mhaga. 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.
