Latest news with #Omotoso
eNCA
6 days ago
- Politics
- eNCA
NPA request for acquittal clarification dismissed
JOHANNESBURG - The Eastern Cape High Court has dismissed the National Prosecuting Authority's request for clarification of Timothy Omotoso's acquittal. Earlier this year, Omotoso and his co-accused were acquitted on over 30 charges of rape, racketeering, sexual assault and human trafficking. Judge Irma Schoeman ruled the State had failed to prove its case beyond a reasonable doubt. The NPA then sought clarification of factual findings, aiming to frame legal grounds for an appeal under Section 319 of the Criminal Procedure Act. That request was denied, with the court stating the judgment was already 'comprehensive and clear'. So, where to from here for the NPA? National spokesperson Advocate Mthunzi Mhaga unpacks this.
eNCA
6 days ago
- Politics
- eNCA
Court dismisses NPA request for clarification of Timothy Omotoso's acquittal
JOHANNESBURG - The Eastern Cape High Court in Gqeberha has dismissed the National Prosecuting Authority's request for clarification of Timothy Omotoso's acquittal. Earlier this year, Omotoso and his co-accused were acquitted on over 30 charges of rape, racketeering, sexual assault and human trafficking. The NPA sought insight into Judge Irma Schoeman's April ruling that cleared the Nigerian televangelist. Delivering her ruling, Schoeman says the state is not entitled to request clarification prior to lodging an application for leave to appeal the acquittal.
Daily Maverick
22-07-2025
- Politics
- Daily Maverick
NPA insists it will pursue appeal against Omotoso acquittal despite legal missteps
Despite Judge Irma Schoeman rejecting the NPA's bid for 'clarification' on her ruling that acquitted Timothy Omotoso, the State says it will push forward with an appeal — and the Department of Home Affairs has signalled it will lift Omotoso's five-year ban to ensure he faces trial in South Africa. Despite its failed attempt at gaining more insight into the high court's acquittal of controversial Nigerian televangelist Timothy Omotoso, the National Prosecuting Authority (NPA) said it would be going ahead with the appeal process. And should its effort be rewarded with a second shot at the leader of the Jesus Dominion International Church and his two co-accused, the Department of Home Affairs has reportedly indicated it would waive his status as an 'undesirable person', lift his five-year ban from South Africa, and allow his extradition to stand trial. In a brief court appearance on Tuesday, 22 July 2025, the Eastern Cape Division of the High Court in Gqeberha handed down Judge Irma Schoeman's judgment in respect of the NPA's application for her to provide more clarity on the factual findings that saw Omotoso, Lusanda Sulani and Zukiswa Sitho acquitted on multiple charges of sexual assault and human trafficking. When Advocate Apla Bodlani SC brought the application last week, he indicated that the NPA had grounds on which it wished to appeal against the judgment, but it wanted Schoeman to provide a more detailed explanation of her findings to ensure its approach would be 'sustainable'. Its application was met with much criticism from the defence, which accused the State of embarking on a 'fishing expedition' to build the basis for its appeal. Normal procedure would entail the prosecution first lodging an official appeal, then approaching the judge for clarification on specific points raised in the appeal. In this case no appeal process has started, and it appears the State is asking for a blanket clarification of Schoeman's judgment as a whole. In Schoeman's order, handed down on Tuesday, she agreed that her role in this matter was ' functus officio ' — that she had concluded her duties — and what the NPA was in essence looking for was an altered or supplemented judgment. 'Therefore, the State is not entitled to request clarification of facts prior to the lodging of an application for leave to appeal on a question of law,' Schoeman's judgment read. During the trial, the accused were represented by Bay attorneys Peter Daubermann and Alwyn Griebenow. While Daubermann was in court last week to argue against the State's application, Griebenow attended proceedings on Tuesday. Afterwards, he said the judgment was not surprising. 'The rules on this sort of procedure are quite clear, and the NPA did not follow protocol. This application was doomed to fail from the start.' Asked where his client currently resides, Griebenow said Omotoso went to Nigeria after his deportation, and he assumed that was where he remained. NPA spokesperson Mthunzi Mhaga said they had anticipated this outcome, but it would not deter them from proceeding with the appeal process. 'With respect, there was a misinterpretation of the case law we relied on as well as the intention of our request before the court.' He said that in order for the NPA to properly draft its questions of law for an appeal it needed to identify factual findings that informed the judge's decision on the acquittal. Mhaga said they did not agree with her order that they must first lodge the appeal before seeking clarification. 'The judge said she cannot correct, alter or supplement her judgment. That was never our request. We wanted her to clarify her factual findings so that we can proceed to finalise the drafting of our questions of law.' He further said they would move forward with the appeal process before the end of this week, and also, if necessary, prepare a condonation application as their appeal would be filed outside the allotted timeframe. Upon leaving OR Tambo International Airport in May, Omotoso was named an 'undesirable person' and slapped with a five-year ban from South Africa. When asked how this would affect the possible extradition of Omotoso should the appeal process be successful, Mhaga said the NPA had already approached the minister of home affairs who agreed to lift Omotoso's ban when the time came. Mhaga also explained that the investigation into the alleged misconduct of several prosecutors involved in the matter, which ultimately laid the foundation for Omotoso's acquittal, was also ongoing. 'We expected to have received feedback on the findings of that investigation some time ago, but it seems that process is still ongoing and we are still awaiting an outcome,' Mhaga said. DM
Eyewitness News
22-07-2025
- Politics
- Eyewitness News
Court refuses to clarify Omotoso acquittal, dealing blow to NPA appeal efforts
GQEBERHA - The NPA has suffered another setback after the Gqeberha High Court refused to clarify its ruling acquitting Timothy Omotoso on rape charges. Last week, the NPA launched its first step in its appeal against the April judgment, which found it had failed to prove Omotoso's guilt beyond a reasonable doubt. The controversial Nigerian televangelist was arrested in 2017, facing 30 counts of rape, sexual assault, human trafficking and racketeering, over alleged crimes committed against his congregants in his church. The NPA's efforts to resurrect its failed case against Timothy Omotoso appear to be losing momentum, with the Gqeberha High Court refusing to provide additional reasons for his acquittal. Last week, the prosecution filed its first papers to appeal an April judgment that found it had failed to prove Omotoso's guilt beyond a reasonable doubt, relying heavily on what the court called unreliable witnesses. Omotoso, who is now barred from entering South Africa leaving, the country for Nigeria has maintained his innocence throughout. His lawyer, Peter Dauberman, slammed the NPA's appeal as a 'desperate attempt to save face,' accusing prosecutors of wasting judicial resources and further damaging his client's reputation. He argued the state had ample time to present a strong case and that the acquittal was fully justified by the evidence. The High Court is expected to hear further arguments next Tuesday but for now, the state's case remains on shaky ground.
The Citizen
22-07-2025
- Politics
- The Citizen
NPA dealt another blow in Omotoso case
On Monday, 14 July 2025, the court heard the first part of the appeal process in the case of Omotoso and his co-accused. Judge Irma Schoeman has dismissed the National Prosecuting Authority's (NPA) application by the state for clarification on the acquittal of Nigerian televangelist Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho. The NPA returned to the Eastern Cape Division of the High Court in Gqeberha on Tuesday, where the ruling was made. On Monday, 14 July 2025, the court heard the first part of the appeal process in the case of Omotoso and his co-accused. ALSO READ: 'Judge erred' – NPA to appeal Timothy Omotoso's acquittal This is after the NPA sent a request for clarification of factual findings in Schoeman's initial judgment, before it can request reservation of questions of law in terms of section 319 of the Criminal Procedure Act, 1977, for consideration by the Supreme Court of Appeal. This is the only limited mechanism in which the state can appeal an acquittal judgment in South African law. The judge then ordered the NPA and the defence to argue the matter before her after Omotoso's attorney notified the Registrar that the defence was opposed to the state's request. 'Judge erred in Omotoso ruling' In May, NPA Director of Public Prosecutions in the Eastern Cape, Barry Madolo, confirmed the state would appeal the judgment acquitting 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. ALSO READ: Omotoso's arrest sparks controversy: Lawyers challenge immigration charges NPA spokesperson advocate Mthunzi 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 NPA believed that there were reasonable prospects of a successful appeal despite the complexities of the legal process. 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 Following the court's judgment, the NPA appointed additional officials to assist with the investigation, given its extended scope. '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.' READ NEXT: Supreme Court dismisses Omoto's bid for freedom
