The National Prosecuting Authority (NPA) has announced its intent to appeal the recent acquittal of controversial televangelist Timothy Omotoso, along with co-accused Lusanda Sulani and Zukiswa Sitho, who were cleared of 32 serious charges, including rape, racketeering, and human trafficking. This decision follows a thorough legal review by an internal team of experienced prosecutors, underscoring the complexities of the case that has drawn significant public attention and controversy.
Last month, the Gqeberha High Court rendered its judgment in a case that has captivated South Africa, finding the trio not guilty on all counts. In light of the verdict, the NPA has articulated confidence in the prospects of a successful appeal, suggesting that the judgement raises substantial legal questions.
“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,” stated the NPA. “The complexities of the matter and the voluminous transcript necessitated this careful approach.”
Typically, an appeal following an acquittal can only be pursued on a question of law, as outlined in Section 319 of the Criminal Procedure Act. Consequently, the NPA is currently seeking clarification from the judge regarding specific factual findings before proceeding with the formal appeal process. “The first step, which is already underway, involves filing papers with the court registrar to request this clarification,” the NPA explained.
Once the factual findings are clarified, the NPA’s legal team will draft the application concerning the reservation of questions of law and subsequently file it 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,” added the authority.
In a related development, Omotoso was arrested on Saturday in East London on charges concerning a contravention of the Immigration Act, further complicating the already tumultuous legal saga surrounding his case.