Experts says State’s bid to appeal Omotoso’s acquittal has prospects to succeed

Legal Resources Centre advocate, Sheldon Magardie, says the National Prosecuting Authority’s (NPA) bid to appeal the acquittal of Nigerian pastor Timothy Omotoso could lead to a retrial if the Supreme Court of Appeal finds that the trial judge made legal errors.

The NPA returned to the Gqeberha High Court this week, seeking leave to appeal Omotoso’s acquittal. This follows Judge Irma Schoeman’s earlier dismissal of the State’s request for clarification on certain factual findings in her ruling.

In April, Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho were acquitted of all 32 charges, including rape and human trafficking, ending an eight-year legal battle.

Magardie says the State’s appeal has reasonable prospects of success.

“The state contends that various legal issues were incorrectly determined by the High Court, for example, the question of corroborating evidence and what they say was the incorrect approach by the High Court to the claims of prosecutorial misconduct.”

“It’s important to note that the NPA is correct in saying that the presence of the accused persons in the appeal process is not necessary for the appeal to proceed.”

Omotoso was arrested in 2017 following allegations from several women who accused him of sexually exploiting and trafficking congregants.

The trial, which drew widespread public attention, was marked by multiple delays, changes in legal teams, and emotional testimony from witnesses.

Omotoso has consistently maintained his innocence, claiming the charges were part of a conspiracy against him.

The televangelist left South Africa for Nigeria shortly after his release.