Bloemfontein, Free State — The National Prosecuting Authority (NPA) has secured a critical legal victory after the Supreme Court of Appeal granted the state leave to challenge the acquittal of televangelist Timothy Omotoso. This pivotal ruling allows prosecutors to formally contest the Gqeberha High Court’s previous decision, reopening a highly scrutinized case centered on severe gender-based violence and femicide (GBVF) allegations.
Last year in April, the Gqeberha High Court dismissed 32 serious charges against Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho. The allegations encompassed human trafficking, racketeering, and rape. Following that verdict, the trial court initially denied the state’s request to appeal, prompting the NPA to elevate the matter directly to the appellate court through a formal petition.
NPA spokesperson Kaizer Kganyago confirmed that the prosecuting body is now poised to present its case before a full bench of five Supreme Court of Appeal judges. He explained that the decision to petition the higher court was not made hastily. The legal team conducted a thorough internal review and sought independent legal opinions to identify specific, actionable grounds for appeal. Kganyago noted that a primary focus will be addressing factual findings that he believes were inadequately clarified by the trial court during the initial proceedings.
The drive to overturn the verdict is strongly championed by the National Director of Prosecutions, Advocate Mutib. According to Kganyago, Mutib is deeply committed to ensuring that victims of GBVF see their pursuit of justice realized, viewing this appellate process as a crucial opportunity to demonstrate the NPA’s legal capability in complex, high-stakes litigation.
A significant logistical hurdle remains, however: Omotoso is currently outside South Africa. He was previously released and ultimately returned to Nigeria following procedural missteps by the Department of Home Affairs during his initial arrest. When pressed on whether the NPA is already coordinating with international partners to prevent further procedural delays, Kganyago outlined a strict, sequential legal strategy.
The NPA will not prematurely trigger extradition protocols. Kganyago emphasized that the state must first secure a favorable judgment from the Supreme Court of Appeal to establish a valid, active case against the accused. Only after winning the appeal will the prosecuting authority invoke the existing extradition treaty with Nigeria to formally demand Omotoso’s return to face trial.
While the legal teams are fully prepared to execute these subsequent steps immediately upon a successful appellate ruling, Kganyago stressed that they will not initiate international requests while the current acquittal remains legally in effect. The immediate focus remains entirely on persuading the Supreme Court of Appeal that the matter warrants a comprehensive legal review.