JOHANNESBURG – The legal battle surrounding Nigerian televangelist Timothy Omotoso is far from over after the Supreme Court of Appeal (SCA) granted the National Prosecuting Authority (NPA) leave to appeal his acquittal on charges of rape, sexual assault and human trafficking.
The SCA will now consider the NPA’s challenge to the April 2025 judgment that cleared Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, of all remaining charges.
The development follows two unsuccessful attempts by the prosecution to have the matter referred to a higher court through the Eastern Cape High Court. Both applications were dismissed by trial Judge Irma Schoeman, prompting the NPA to petition the SCA directly.
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In her judgment, Schoeman ruled that the state had failed to prove its case beyond a reasonable doubt. She also criticised the prosecution’s handling of the trial, particularly its cross-examination of the accused.
By granting leave to appeal, the SCA has opened the door for South Africa’s second-highest court to determine whether legal errors may have influenced the outcome of one of the country’s most closely watched criminal trials.
The NPA’s appeal team is led by Advocate Apla Bodlani and includes Advocates Bayethe Maswazi, Joel Cesar and Mzoxolo Rusi.
National Director of Public Prosecutions Andy Mothibi welcomed the ruling, saying it allows a panel of five SCA judges to consider important legal questions raised during the trial.
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He described the appeal as a significant step in the pursuit of justice, particularly for survivors of gender-based violence.
Omotoso left South Africa for Nigeria shortly after his acquittal.
Should the SCA overturn the acquittal, South African authorities have already begun preparing for the possibility of his return. Justice and Constitutional Development Minister Mmamoloko Kubayi previously confirmed that the Department of Home Affairs had agreed to lift the five-year immigration ban imposed on Omotoso, clearing the way for the NPA to seek his extradition from Nigeria if necessary.
The Supreme Court of Appeal has not yet announced a date for the hearing.
