SCA clears the way for NPA to appeal Omotoso acquittal

The National Prosecuting Authority (NPA) has secured a significant legal victory after the Supreme Court of Appeal (SCA) granted it leave to appeal the acquittal of Nigerian televangelist, Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho.

The ruling revives one of South Africa’s most high-profile gender-based violence cases. Omotoso and his co-accused were acquitted in April 2025 after spending nearly eight years in custody awaiting the conclusion of the trial.

The trio had faced 32 charges, including rape, sexual assault, human trafficking and racketeering. 

The State alleged that Omotoso, as leader of the Jesus Dominion International (JDI) Church, abused his position of authority to exploit young women and girls within the church. 

In her judgment, Eastern Cape High Court, Judge Irma Schoeman, found that while she could not conclude that the complainants were dishonest, the State had failed to prove its case beyond a reasonable doubt. The ruling resulted in the acquittal of all three accused.

The NPA has argued that the judgment contained errors of law with far-reaching implications for the prosecution of gender-based violence and femicide (GBVF) cases in South Africa.

It further contends that the acquittal undermined public confidence in the criminal justice system and dealt a significant blow to efforts to combat GBVF.

The SCA’s decision does not overturn the acquittal but allows the appeal process to proceed. The appellate court will now consider whether the trial court correctly applied the law in reaching its verdict.

Following the acquittal, Omotoso was deported to Nigeria by the Department of Home Affairs after immigration proceedings.

The NPA has previously confirmed that it intends to invoke bilateral and international legal mechanisms to  seek his extradition to South Africa should it become necessary.

NPA spokesperson, Kaizer Kganyago, said the National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi, has welcomed the SCA’s decision, saying it would allow the country’s highest appellate court to clarify important legal principles.

“The NPA’s legal prowess has, for the longest time, been under scrutiny, and this is an opportunity to have the full complement of five Justices in the Supreme Court of Appeal pronounce on important principles of criminal law and the applicable legal test.”

Kganyago said prosecutors had first asked Judge Schoeman to clarify aspects of her factual findings and reserve questions of law for consideration by the SCA. After those applications were dismissed, the NPA says it petitioned the appellate court directly, which has now granted leave to appeal.

The acquittal also drew criticism from Parliament’s Portfolio Committee on Justice and Constitutional Development. Committee chairperson, Xola Nqola, said the outcome highlighted shortcomings in the State’s handling of the case.

“It seems the quality of the State’s case and its cross-examination failed the complainants and victims. This is an assault on the fight against gender-based violence. This is totally unacceptable,” said Nqola.

The SCA’s ruling means the NPA will now have an opportunity to argue before the appellate court that the trial court erred in law when acquitting Omotoso and his co-accused.

NPA Welcomes the SCA Order Granting NPA Leave to Appeal Omotoso Acquittal Judgment pic.twitter.com/lLIVCZLQDc

— NPASouthAfrica (@NPA_Prosecutes) July 15, 2026