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Judgment Reserved as NPA Battles to Overturn Timothy Omotoso’s Acquittal
A Legal Battle Far From Over
Months after Nigerian televangelist Timothy Omotoso was acquitted of a string of serious charges, the case is once again back in the spotlight. The National Prosecuting Authority (NPA) has asked the Gqeberha High Court for permission to appeal the ruling, arguing that the judgment that freed Omotoso and his co-accused left too many questions unanswered.
Omotoso, who led the Jesus Dominion International Church, was cleared in April along with co-accused Lusanda Solani and Zukiswa Sitho. They had faced 63 charges, including rape, human trafficking, and racketeering, allegations that shocked South Africa and drew national attention for years.
Now, seven months later, the state wants the Supreme Court of Appeal in Bloemfontein to take a second look. But before that can happen, the NPA must convince the High Court that there are legitimate grounds for appeal.
The State’s Argument
Representing the prosecution, Advocate Apla Bodlani SC told the court that the trial judgment was flawed. He argued that the court had failed to properly weigh all the evidence and had not made the necessary factual findings to justify an acquittal.
According to the NPA, the case raises significant questions about how South African courts handle evidence in complex abuse cases, particularly those involving multiple complainants and claims of “similar fact” evidence, which could show a repeated pattern of behaviour.
The state also questioned whether the trial court applied racketeering laws correctly, dealt appropriately with claims of prosecutorial misconduct, and whether it had dismissed key testimonies too easily for lack of corroboration.
The Defence Pushes Back
Omotoso’s lawyer, Peter Daubermann, rejected the application outright. He said the state’s argument was based on a fundamental misunderstanding of the court’s verdict and the meaning of factual findings in law.
Daubermann told the High Court that the trial judge, Judge Irma Schoeman, had made clear and detailed findings on the credibility of witnesses and the burden of proof. He accused the prosecution of trying to disguise a factual disagreement as a question of law, calling it a misuse of Section 319 of the Criminal Procedure Act, which limits when the state can appeal acquittals.
He further criticised the NPA for failing to refer to the trial record or cite any specific evidence or testimony to support its claims. Without those references, Daubermann argued, the appeal bid had no legal standing.
Judgment Reserved
After hearing arguments from both sides, the Gqeberha High Court reserved judgment. If the court grants the NPA’s application, the matter will move to the Supreme Court of Appeal, where a panel of judges will decide whether the acquittal stands or whether the trial court made legal errors that justify reopening the case.
For the women who came forward years ago, the case’s outcome could determine whether their testimonies are ever heard again in a higher court. For Omotoso and his defence team, it’s another round in a saga they thought had finally ended.
A Separate Immigration Battle
While the criminal proceedings continue to make headlines, Omotoso’s legal troubles don’t end there. In May, he was arrested in East London after the Department of Home Affairs declared him a prohibited person under the Immigration Act, effectively making his stay in South Africa illegal.
However, his detention was later ruled unlawful when the magistrates’ court found that authorities failed to bring him before the court within the required 48 hours. Omotoso was released and subsequently filed an urgent High Court application to challenge his prohibited status.
Home Affairs has since indicated that it plans to contest that decision. In the meantime, reports confirm that Omotoso has left the country.
Also read: Ramaphosa Hails South Africa’s Grey List Exit as a Turning Point for the Economy
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Source: IOL
Featured Image: News24
