27/10/2025
NPA moves to challenge Omotoso acquittal in Eastern Cape High Court
The National Prosecuting Authority (NPA) is set to appear in the Eastern Cape Division of the High Court, Gqeberha today, Monday to apply for leave to appeal the controversial acquittal of Timothy Omotoso and his co-accused.
Mr Omotoso, a Nigerian televangelist, was cleared in April 2025 on 32 charges including r**e, human trafficking and racketeering. The court, presided over by Judge Irma Schoeman, found that the state had failed to prove its case beyond a reasonable doubt and sharply criticised the prosecution’s performance.
In its May statement, the NPA announced its intention to appeal the judgment, relying on legal advice and an internal review of the case. The appeal process is constrained by section 319 of the Criminal Procedure Act 1977, which allows the state to challenge an acquittal only on questions of law, not on factual findings.
However, the appeal road has hit obstacles. In July the High Court dismissed a request by the NPA for clarification of the judgment’s factual findings, saying the state was not entitled to such clarification ahead of filing a formal leave to appeal. Critics and victims’-rights groups say the outcome and handling of the case have dealt a blow to the state’s efforts to combat gender-based violence.
In response to the acquittal, the NPA has said that if an appeal succeeds it will seek to extradite Omotoso from Nigeria, where he returned after his departure from South Africa.
Today the court will hear arguments on the state’s application for leave to appeal. The defence has indicated it will oppose the application, arguing the state missed procedural time-limits and that the matter should be allowed to rest.
The outcome of the hearing may determine whether the matter proceeds to the Supreme Court of Appeal (SCA) and could have significant implications for the prosecution of serious sexual offences in South Africa.
