GQEBERHA –The National Prosecuting Authority (NPA) has reaffirmed its unwavering commitment to securing justice for victims of crime as the High Court of South Africa, Eastern Cape Division, Gqeberha, reserved judgement on its application for leave to appeal the controversial acquittal of televangelist Timothy Omotoso (63) and his co-accused, Lusanda Sulani (41) and Zikiswa Sitho (33).
Omotoso and his co-accused faced over 32 charges related to sexual offences and human trafficking. They were found not guilty on all charges at the Gqeberha High Court on 2 April, which sparked outrage across the country
The NPA said in a statement that despite facing numerous legal obstacles over the past eight years, it remains resolute in its pursuit of justice for the victims. The prosecuting authority, represented by Advocate Apla Bodlani (SC), argued yesterday before Judge Irma Schoeman for the reservation of questions of law under Section 319 of the Criminal Procedure Act, seeking consideration by the Supreme Court of Appeal (SCA), which essentially concerns leave to appeal.
“The NPA remains resolute in pursuing justice for the victims of crime and will go to great lengths to give a voice to the victims by exploring all possible avenues, including taking the matter to a higher court if Judge Schoeman does not rule in its favour,” the NPA emphasised.
The prosecution maintains that Judge Schoeman erred in law when she acquitted Omotoso and his co-accused on all 32 charges. The NPA contends that the April ruling focused disproportionately on procedural concerns regarding trial conduct and cross-examination, rather than properly weighing the evidence presented by state witnesses and victims.
After the trio’s arrest in April 2017, the court proceedings were marked by numerous delays. These included numerous interlocutory applications from the defence, including Constitutional Court challenges, five applications for a mistrial, and a 16 January 2024 application seeking reconsideration of a Section 174 discharge ruling.
The NPA said in its statement that through each challenge, the prosecution remained steadfast, successfully opposing these applications whilst the same judge ruled in the state’s favour. The delays meant that some witnesses no longer wished to give evidence, as they indicated they had since moved on with their lives and were not interested in reliving their experiences in court. This led to a reduction in the charges from 63. “Despite these challenges, the prosecution remained steadfast and presented credible evidence from the victims, investigators, and psychological experts,” the statement reads.
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