The state launched the first leg of its appeal against the acquittal of Nigerian Pastor Timothy Omotoso and his co-accused, Zukiswa Sitho and Lusanda Sulani, in the Gqeberha High Court on Monday.
This news comes after the controversial Omotoso jetted out of the country on May 18.
The Nigerian televangelist, aged 67, and his two co-accused, Sitho (42) and Sulani (35), were acquitted in April on over 30 charges, including rape, human trafficking, sexual assault, and racketeering, after a seven-year trial.
Judge Irma Schoeman’s not guilty verdict prompted the state’s appeal, with advocate Apla Bodlani SC requesting clarification of the court’s factual findings based on trial evidence.
Bodlani argued that established criminal law requires clear factual findings to frame questions of law for appeal.
“When the state intends to apply for the reservation of questions of law, it must pertinently illustrate the facts upon which the points of law are said to hinge,” Bodlani stated.
“If it fails to set out the trial court’s factual findings on which the reserved question ought to be considered, then the application for reservation of questions of law is bad.”
State’s request challenged
Peter Daubermann, who secured the trio’s acquittal, challenged the state’s request, arguing it lacks procedural grounding under the Criminal Procedure Act (CPA).
“The state’s ‘request for provision and clarification of factual findings’ dated 12 May 2025 does not fall within any recognised exception,” Daubermann said.
He contended that the request seeks to improperly supplement the court’s final judgment, bypassing appellate processes.
“The state’s dissatisfaction with the outcome does not confer jurisdiction where none exists. Its recourse lies solely in the appellate process, not in an informal or collateral request for clarification,” he added.
Daubermann further warned that entertaining the state’s request would undermine the judgment’s finality and set a “dangerous precedent”.
He emphasised that Section 319 of the CPA, which allows reserving a question of law with the trial court’s leave, is the only mechanism to revisit a verdict, and it was not invoked.
Schoeman will deliver her verdict on the state’s request next Tuesday, determining whether the appeal can proceed.
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