Omotoso appeal: Too little too late, say activists

Sonke Gender Justice says it's too little too late following the news that the NPA would appeal the acquittal of Timothy Omotoso, citing the State’s failure to prove their case and that victims who were "violated in court" and are reeling from the trauma will be asked to avail themselves again for “another episode of violation”.

The NPA announced it would appeal the decision of Judge Irma Schoeman in which she found the State had not proved its case beyond a reasonable doubt.

Televangelist Omotoso and his co-accused - Lusanda Sulani and Zukiswa Sitho - were acquitted last month of all charges brought against them which included rape, sexual assault, racketeering and trafficking in persons.

In a statement, NPA spokesperson Mthunzi Mhaga said they made the decision after senior legal opinion was sought. 

“The NPA’s Director of Public Prosecutions in the Eastern Cape, Barry Madolo, has decided to appeal the judgment of the Eastern Cape Division of the High Court in Gqeberha, delivered by Judge Irma Schoeman on April 2, 2025, relating to the case against Timothy Omotoso and two others. 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,” said Mhaga.

The trio were acquitted following a mammoth eight-year trial.

Sonke Gender Justice chairperson, Bafana Khumalo, said they believed that the State almost deliberately gave the case away. 

“Many in society were not only shocked but more, disappointed by the outcome of this case. Comments by the judge were painfully telling as she pointed (out) the shoddy work by the prosecutors. We are not sure that the appeal will serve the purpose. Normally, an appeal must be based on a procedural matter related to the wrong application of the law with a strong belief that another court may have a different view. 

“In this case, the prosecution almost deliberately gave the case away despite the overwhelming evidence provided by the survivors in strong testimonies and withstanding the most hostile defence cross examination,” said Khumalo.

Khumalo further raised concerns for the victims of the heinous sexual crimes perpetrated against them and said the justice that was to be afforded to the victims, has already been delayed. 

“Assuming the court can grant an appeal, what does it mean for the victims/survivors who were violated tremendously in court and are still reeling from the trauma. They will be asked to avail themselves again for another episode of violation. This means being raped the umpteenth time now by the criminal justice system. We don't think that this is fair and victim friendly. Sonke firmly believes that this is too little too late,” said Khumalo.

The NPA expressed confidence that they have reasonable prospects of a successful appeal despite the complexities of the legal process and intend to file the application for leave to appeal in terms of Section 319 of the Criminal Procedure Act (CPA).

Mhaga confirmed the NPA is proceeding with the internal investigation into the conduct of the first team of prosecutors involved in this matter which started in August 2024.

"Since the judgment, the scope of the investigation has been extended to include both prosecution teams, with a view to identify, if necessary, disciplinary steps to be taken against persons involved. After the court’s judgment, the NPA appointed additional officials to assist with the investigation due to its extended scope. The report from the investigation is expected in June 2025

“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 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,” said Mhaga.

Cape Times