South African prosecutors under the aegis of the National Prosecuting Authority have taken formal steps to appeal the recent acquittal of Nigerian televangelist Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, on charges related to human trafficking and sexual assault.
The acquittal was delivered in April by Judge Irma Schoeman, who cited prosecutorial failures as a major reason behind her ruling.
In response, the NPA has initiated proceedings at the Gqeberha High Court.
According to spokesperson Mthunzi Mhaga, “The NPA’s director of public prosecutions in the Eastern Cape, Mr Barry Madolo, has decided to appeal the judgment by Judge Irma Schoeman relating to the case against Timothy Omotoso.”
The appeal is set to contest not only Omotoso’s acquittal but also that of Sulani and Sitho, whom the State accuses of being accomplices in the alleged crimes.
Schoeman’s ruling highlighted the prosecution’s failure to provide corroborating evidence and inadequate cross-examination during the trial.
Mhaga elaborated, “This decision follows a thorough consideration of the matter by an NPA internal team of experienced prosecutors, as well as 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.”
Despite earlier statements suggesting Omotoso would be deported immediately after the ruling, he instead relocated to East London and resumed public ministry activities under the banner of a “New Dawn” crusade.
The local government, through Buffalo City mayor Princess Faku, attempted to block his access to public venues, prompting him to continue at a private location on Commercial Road.
Authorities later arrested him on Saturday, following his classification as a “prohibited person” by the Minister of Home Affairs.
This new legal trouble stems not from the recent court ruling but from long-standing immigration concerns dating back 25 years, including allegations of entering South Africa with fraudulent documents.
In court filings, Omotoso has alleged collaboration between the NPA and the Department of Home Affairs, “The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process,” said Mhaga.
Under South African law, while a convicted individual can appeal on both factual and legal grounds, the State is only permitted to challenge an acquittal based on legal misinterpretation. To this end, the NPA has requested clarification from Judge Schoeman regarding her factual findings, a necessary step before it can formally file for leave to appeal.
Mhaga confirmed, “Once a clarification of the factual findings is received from the judge, the NPA’s legal team will finalise the papers on the reservation of questions of law and file this application with the Registrar of the High Court.”
Though the Criminal Procedure Act does not impose a strict deadline for such appeals, the NPA has pledged to act “within a reasonable period” once the judge’s clarification is received.
The authority’s recent appeal history includes a successful 2024 case where the Supreme Court of Appeal overturned a rape acquittal based on the interpretation of consent. The matter was remanded for a new sentencing hearing.
Meanwhile, internally, the NPA is conducting a review to determine whether disciplinary actions are warranted against the prosecution team involved in Omotoso’s trial.
“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 sexual and gender-based violence matters,” Mhaga said.
He emphasized that this setback should not deter survivors from seeking justice, “The Thuthuzela Care Centres (TCCs) are world-class, multi-agency facilities that provide the most comprehensive support services to victims on their journey to becoming survivors. Thousands of victims are receiving such support from our country’s 66 TCCs, which we plan to expand significantly over the coming years. The NPA achieves a 77% conviction rate for the thousands of cases flowing through the TCCs that are successfully prosecuted,” Mhaga added.
Despite these achievements, recent data disclosed by the South African Police Service in response to a DA inquiry paints a grim picture.
Between 2018 and 2023, over 61,000 rape cases and more than 5,500 sexual assault cases were closed without arrests. During the same period, the NPA declined to prosecute nearly 21,000 such cases—and does not track the total number of cases it decides not to pursue.
Nevertheless, Mhaga highlighted recent prosecutorial successes, “The NPA has some of the most experienced prosecutors (in sex crimes and gender-based violence) in the world, who know how to win cases, while also protecting the interests of victims. This was demonstrated most recently by the team of Adv Zelda Swanepoel and Adv Aradhana Heeramun, who together with the SAPS investigation team successfully prosecuted the case of trafficking in persons for purposes of exploitation and kidnapping relating to the little girl Joshlin Smith in the Western Cape.”
He also cited the conviction of a former police officer, Thembalethu Gqeku, sentenced to 20 years for raping a 17-year-old domestic violence victim at the Komga police station.
These victories, Mhaga said, contributed to South Africa’s removal from the Trafficking Tier Watchlist in 2024, signaling improved coordination between the NPA and SAPS in combating human trafficking.
Omotoso is scheduled to reappear in the East London Magistrates’ Court today, 13 May, as proceedings continue in his deportation inquiry.
Simultaneously, his legal representatives are challenging the decision to label him a prohibited person.
