The Eastern Cape’s Gqeberha High Court rejected the state’s request for factual clarification on a ruling in the case that Nigerian televangelist Timothy Omotoso was involved in.
When delivering her verdict on Tuesday morning, Judge Irma Schoeman made it clear that the state had no right to ask for an explanation of the court’s ruling.
This follows an application by the National Prosecuting Authority, which sent a request for factual findings regarding Schoeman’s judgement after she found Timothy Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho, not guilty on more than 30 charges, including rape, sexual assault, and human trafficking.
The case was heard last Monday, with the state and the defence presenting arguments.
Defence attorney Peter Daubermann opposed the application, arguing that it was vague and an abuse of court procedure.
“The state’s request for provision and clarification of factual findings dated May 12, 2025, does not fall within any recognised exception,” argued Daubermann.
He contended that the request was to improperly supplement the court’s final judgment, bypassing appellate processes.
Omotoso acquitted in April
“The state’s dissatisfaction with the outcome does not confer jurisdiction where none exists.”
Advocate Apla Bodlani SC had requested 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.”
Omotoso (67), the Jesus Dominion International Church pastor, and his two co-accused were acquitted in April after a seven-year trial.
The latest development comes after the controversial Nigerian televangelist jetted out of the country on May 18.
Also Read: State appeals Timothy Omotoso’s acquittal, requests clarity on judgment
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