Supreme Court of Appeal grants NPA leave to challenge Timothy Omotoso acquittal

The Supreme Court of Appeal (SCA) has granted the Director of Public Prosecutions for the Eastern Cape leave to appeal the acquittal of televangelist Timothy Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho. The trio had been acquitted of charges including rape, sexual assault, racketeering and trafficking in persons.

What the SCA order says

The SCA made the order on 26 June 2026 after the State petitioned the court to challenge a judgment delivered by Judge Irma Schoeman on 2 April 2025. The leave to appeal follows earlier requests by the State that were dismissed by Judge Schoeman.

State response and legal route

The National Prosecuting Authority welcomed the SCA decision. NPA spokesperson Kaizer Kganyago said the legal team “filed a comprehensive, legally sound application for leave to appeal by invoking the provisions of Section 319 of the Criminal Procedure Act 51 of 1977 (CPA).”

“These provisions allow the State to appeal a judgment by request to the judge who presided over the trial to reserve the question of law for consideration by the SCA,” Kganyago said.

Kganyago also said the State had sought clarification of factual findings from Judge Schoeman before requesting the reservation of the question of law.

NDPP and extradition comment

The National Director of Public Prosecutions, Advocate Andy Mothibi, commended the legal team and said:

“The NPA’s legal prowess has, for the longest time, been under scrutiny, and this is an opportunity to have the full complement of the five Justices in the SCA to pronounce on the important principles of criminal law and the applicable test.”

The NPA confirmed it is aware that Omotoso was deported by the Department of Home Affairs and said it “holds the view that once the SCA rules in our favour in the appeal, he can be successfully extradited from Nigeria into South Africa”.

Background to the trial

The acquittals followed a marathon eight-year trial. At the conclusion of that trial, Judge Schoeman placed under scrutiny the State’s failure to prove its case beyond reasonable doubt.

Next steps

With leave to appeal granted by the SCA, the NPA will proceed with its challenge to the acquittals through the appellate process.