'The judge erred': NPA appeals Nigerian pastor Timothy Omotoso's rape acquittal
IOL The NPA has decided the recent acquittal of Nigerian pastor Timothy Omotoso and two others.
Image: Raahil Sain/Independent Media
The National Prosecuting Authority’s Director of Public Prosecutions in the Eastern Cape, Barry Madolo has decided to appeal the judgment of the High Court in Gqeberha, delivered by Judge Irma Schoeman last month, relating to the case against Nigerian televangelist Timothy Omotoso and two others.
NPA spokesperson, advocate Mthunzi Mhaga said 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. The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process. A convicted person may appeal a conviction on both facts and the law,” said Mhaga.
“However, the state can only appeal an acquittal judgment on a question of law (as opposed to facts), in terms of Section 319 of the Criminal Procedure Act (CPA). The first step in this process is to request for the judge to clarify factual findings.”
He said the relevant papers in this regard were filed with the registrar of the High Court in Gqeberha on Monday.
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.
“Even though Section 319 of the CPA does not prescribe the timeframe for the filing of such papers, we undertake to file the application within a reasonable period to avoid any undue delay. In addition, 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,” said Mhaga.
“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 (sexual and gender-based violence) matters,” said Mhaga.
“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.”
jonisayi.maromo@iol.co.za
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