NPA dealt another blow in Omotoso case

Judge Irma Schoeman has dismissed the National Prosecuting Authority’s (NPA) application for clarification on the acquittal of Nigerian televangelist Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho.

The NPA returned to the Eastern Cape Division of the High Court in Gqeberha on Tuesday, where the ruling was made.

Judge Schoeman stated that the state was not entitled to clarification of the judgment.

On Monday, 14 July 2025, the court heard the first part of the appeal process in the case of Omotoso and his co-accused.

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This is after the NPA sent a request for clarification of factual findings in Schoeman’s initial judgment, before it can request reservation of questions of law in terms of section 319 of the Criminal Procedure Act, 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.

The judge then ordered the NPA and the defence to argue the matter before her after Omotoso’s attorney notified the Registrar that the defence was opposed to the state’s request.

‘Judge erred in Omotoso ruling’

In May, NPA Director of Public Prosecutions in the Eastern Cape, Barry Madolo, confirmed the state would appeal the judgment acquitting Omotoso and his co-accused.

Omotoso and his co-accused, Lusanda Solani and Zukiswa Sitho, were acquitted by the Gqeberha High Court of 32 serious charges, including allegations of rape, racketeering and human trafficking, on 2 April.

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NPA spokesperson advocate Mthunzi Mhaga said the decision to appeal Omotoso’s acquittal followed a “thorough” consideration of the matter by an NPA internal team of experienced prosecutors and a legal opinion sourced from Senior Counsel.

The NPA believed that there were reasonable prospects of a successful appeal despite the complexities of the legal process.

Following another ruling against it on Tuesday, the NPA will escalate the matter to the Supreme Court of Appeal.

NPA investigates its own

The NPA has also launched an 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 identifying, if necessary, disciplinary steps to be taken against persons involved.

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Following the court’s judgment, the NPA appointed additional officials to assist with the investigation, given its extended scope.

“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.”

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