Three Chapter 9 institutions have jointly welcomed the decision of the National Prosecuting Authority (NPA) to appeal the acquittal of Nigerian televangelist Timothy Omotoso.
The South African Human Rights Commission, the Commission for Gender Equality, and the CRL Rights Commission expressed their satisfaction on Wednesday with the NPA’s choice to appeal the acquittal of Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho.
This comes after they were found not guilty of human trafficking, rape, and sexual assault.
Judge Irma Schoeman of the Gqeberha High Court cleared the trio in April, which caused a public uproar after Omotoso spent eight years in prison.
Victims urged to report GBV cases
“As much as the three Chapter 9 institutions respect court judgments, we were deeply troubled and concerned by Mr Timothy’s acquittal, as we believe the acquittal was a serious setback towards the eradication of gender-based violence [GBV],” said the three institutions.
“This concern was also informed by the First South African National Gender-Based Violence, 2022: A Baseline Survey on Victimisation and Perpetration.
“In the 12-month period in which the study was done, several women indicated their unwillingness to report GBV cases, as they have lost trust and faith in the justice system.”
They hoped the appeal was also a part of a larger attempt to self-correct in the way cases involving sexual offences, including GBV, are handled.
“Our hopes and aspirations are that justice will be served through this appeal. The decision by the NPA to appeal the Omotoso judgment does not affect the joint announcement we made on the 11th of April 2025 that we will be instituting a joint inquiry into how gender-based violence-related cases are handled by the criminal justice system.
“We continue to implore the victims and survivors to report their cases of GBV and other related atrocities to the South African Police Service to ensure that perpetrators are brought to book,” the commission said.
NPA wants judge to clarify factual findings
Advocate Mthunzi Mhaga, the NPA spokesperson, stated on Tuesday that the decision to appeal the acquittal judgment was made after a senior counsel’s legal opinion and a comprehensive review of the case by an NPA internal team of seasoned prosecutors.
“The NPA’s director of public prosecutions in the Eastern Cape, Mr Barry Madolo, has decided to appeal the judgment of the Eastern Cape Division of the High Court in Gqeberha, delivered by Judge Irma Schoeman on 2 April 2025, relating to the case against Timothy Omotoso and two others.
“The decision could not be rushed due to the complexity of the matter. This as well as the voluminous transcript that needed to be interrogated,” said Mhaga.
According to Mhaga, the NPA adopted the stance that an appeal had a realistic chance of being successful.
“A convicted person may appeal a conviction on both facts and the law. However, the state can only appeal an acquittal judgment on a question of law [as opposed to facts] in terms of Section 319 of the Criminal Procedure Act.
“The first step in this process is to request that the judge clarify factual findings.”
The NPA filed the appeal papers with the registrar of the high court in Gqeberha on Monday.
