NPA to appeal Timothy Omotoso acquittal on rape and human trafficking charges after his deportation
The National Prosecuting Authority (NPA) said it will begin its appeal on July 14, in the case of Nigerian pastor and televangelist Timothy Omotoso and his co-accused at the Eastern Cape Division of the High Court in Gqeberha.
According to NPA national spokesperson Mthunzi Mhaga, the court will hear the first part of the appeal process following a directive from Judge Irma Schoeman.
The directive came after the State submitted a request for clarification of factual findings in her judgment, which is required before it can request the reservation of questions of law under Section 319 of the Criminal Procedure Act of 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,” Mhaga said.
He added that Judge Schoeman ordered both the state and the defense to argue the matter before her after Omotoso’s attorney informed the registrar that the defense opposed the state’s request.
“We take the view that it will be appropriate and in order for the Honourable Judge to provide such clarification before the state can identify and request her to reserve those questions of law,” Mhaga said.
Omotoso left South Africa in May for Lagos, Nigeria, marking the end of a drawn out legal process that lasted nearly a decade.
He opted to be deported after he was re-arrested by immigration officials in East London on May 10.
The Department of Home Affairs has declared him a prohibited person, citing that his continued stay in the country was unlawful.
According to Home Affairs, Omotoso is barred from returning to South Africa for the next five years.
Earlier this year, on April 2, the Gqeberha High Court acquitted Omotoso of 32 serious charges, including rape.
He had originally faced over 90 allegations, including rape, human trafficking and racketeering.
His co-accused, Lusanda Sulani, 41, and Zikiswa Sitho, 33, were also acquitted.
The trial, which began in 2017, drew national attention and public outrage.
Omotoso is the founder of the Durban-based Jesus Dominion International Church.
Despite his deportation, the court previously ruled that Omotoso’s deportation will be suspended until his application to review the Home Affairs decision is heard.
Home Affairs said the controversial pastor has been declared both a prohibited and undesirable person in South Africa.
He will only be eligible to reapply for reentry after five years, the department said.
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