NPA to Appeal Omotoso Acquittal, Cites Judicial Error
The National Prosecuting Authority (NPA) is pursuing an appeal against the acquittal of Nigerian pastor Timothy Omotoso and his co-accused, Lusanda Solani and Zukiswa Sitho, who where cleared of 32 serious charges including rape, racketeering, and human trafficking by the Gqeberha High Court on April 2. The NPA’s decision to appeal stems from a belief that the presiding judge “erred in certain of her findings,” a sentiment that has led to a request for clarification of factual findings before seeking a reservation of questions of law for consideration by the Supreme Court of Appeal. This legal avenue represents the sole mechanism for the state to challenge an acquittal in South African law.
The Gqeberha High Court has ordered the NPA and the defense to argue the matter before the judge, following an objection from Omotoso’s attorney to the state’s request. This development follows an earlier confirmation in May by Barry Madolo, NPA Director of Public prosecutions in the Eastern Cape, that the state intended to appeal the judgment.
NPA spokesperson advocate Mthunzi Mhaga stated that the decision to appeal was the result of a “thorough” review by an internal team of experienced prosecutors and a legal opinion from Senior Counsel. The NPA maintains that there are reasonable prospects for a accomplished appeal, despite the inherent complexities of the legal process.
In parallel to the appeal efforts, the NPA has launched an internal inquiry into the conduct of the initial prosecution team involved in the Omotoso case, which commenced in August 2024. The scope of this investigation has since been broadened to encompass both prosecution teams, with the aim of identifying any necessary disciplinary actions. The NPA has appointed additional officials to assist with this expanded investigation.
The NPA has emphasized the “tragic impact” of the Omotoso judgment on the victims and the significant damage it has inflicted on public confidence in the NPA and the justice system’s ability to address Gender-Based Violence (GBV) matters.
