Despite the departure of Nigerian televangelist pastor Timothy Omotoso from South Africa, the National Prosecuting Authority (NPA) said it will proceed with its appeal against his acquittal by the Eastern Cape High Court in Gqeberha.
In a media statement released on Monday, NPA national spokesperson Adv Mthunzi Mhaga said the prosecuting authority has noted the departure of Omotoso from South Africa on Sunday, May 18 2025.
“The NPA will proceed with the appeal on the acquittal notwithstanding. The South African legal system does not require active participation or presence of an accused person during the hearing of an appeal court.
“An appeal process requires the involvement of the legal teams of the appellants and respondents, the registrar of the high court and the Supreme Court of Appeal (SCA), as well as the judiciary.
“Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that a person considered undesirable is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise,” said Mhaga.
“If the appeal succeeds, the NPA will apply for his extradition to give effect to the order of the SCA. The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,” said Mhaga.
Their statement comes after Omotoso on Sunday left South Africa from OR Tambo International Airport to Nigeria. Sunday World understands that his two children who had been staying with him in South Africa, left the country days before him. It is not clear, however, if his wife is still in the country.
As Omotoso was headed towards the boarding gates, one of his aides told Sunday World that the man of the cloth would return to South Africa in two weeks.
This information was disputed by a highly placed source in immigration who revealed that Omotoso had booked a one-way ticket to Nigeria.
In a statement released on Sunday afternoon, the Department of Home Affairs said Omotoso’s departure came after the Minister of Home Affairs, Leon Schreiber, rejected an application submitted by Omotoso that sought to overturn an earlier decision of the Department to declare Omotoso as a prohibited person.
“The minister’s decision meant that Omotoso was illegally in the Republic of South Africa.
Upon his departure, Omotoso was still a prohibited person and given that he was
illegally in the country, he was issued with a notification as an undesirable person,
meaning that he will not be able to return to the country for five years.
“On expiry of that five-year ban, he will have to apply for his prohibition to be uplifted in
terms of section 29 of the Immigration Act. The Department of Home Affairs continues to be guided by our unwavering commitment to upholding the rule of law without fear or favour,” read the department’s media statement.
Last week, the NPA said it will appeal the Eastern Cape High Court decision to acquit Omotoso and his two co-accused of rape, sexual assault, and human trafficking charges.
Omotoso was acquitted on all charges in April. He had been accused of luring female congregants to his church and forcing them into sexual acts. The Nigerian televangelist was also accused of restricting their freedom to leave. His co-accused, senior church members Lusanda Solani and Zikiswa Sitho, were also acquitted.
Mhaga said the decision to appeal the acquittal judgment follows a thorough consideration of the matter by an NPA. The NPA appointed an internal team of experienced prosecutors and a legal opinion from senior counsel.
“The NPA’s director of public prosecutions in the Eastern Cape, Mr Barry Madolo, has decided to appeal the judgement of the Eastern Cape Division of the High Court in Gqeberha, delivered by Judge Irma Schoeman on 02 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 at the time.
