NPA to appeal Omotoso judgement

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The National Prosecuting Authority (NPA) has decided to appeal Judge Irma Schoeman’s judgment of the Eastern Cape Division of the High Court in Gqeberha on April 2 in the case against Nigerian televangelist Timothy Omotoso and two others.

This is after they were found not guilty of serious charges, including allegations of rape, racketeering and human trafficking.

Barry Madolo, the NPA’s Director of Public Prosecutions in the Eastern Cape, said the appeal decision followed a review by senior prosecutors and an external legal opinion.

“The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process,” Madolo said.

NPA’s CLARIFICATION OF FACTUAL FINDINGS

The NPA has filed paperswith the Registrar of the High Court in Gqeberha requesting clarification of factual findings. Once received, the NPA’s legal team will finalise the papers on the reservation of questions of law and apply to the Registrar of the High Court.

The prosecuting body is also proceeding with an internal investigation into the conduct of the first team of prosecutors involved in this matter, which started in August 2024. The scope of the inquiry has been extended to include both prosecution teams to identify disciplinary steps to be taken against persons involved. The report from the investigation is expected in June 2025.

IMPACT ON VICTIMS AND SGBV CASES

The NPA acknowledges that 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.

“Although this judgment has been a setback, it should not detract from the important support that the NPA and its partners provide to victims of SGBV, including in the most complex cases.

“Most importantly, it should not discourage victims from coming forward and accessing the services provided.”