By Lehlohonolo Lehana.
The Supreme Court of Appeal (SCA) has granted the National Prosecuting Authority (NPA) leave to appeal the Eastern Cape High Court judgment that acquitted Nigerian televangelist Timothy Omotoso and his two co-accused on charges including rape, human trafficking and racketeering.
Omotoso (60), the pastor of Jesus Dominion International Church, was arrested by the Hawks at Port Elizabeth Airport on 20 April 2017 following allegations that he sexually abused minor congregants at his residence in Umhlanga, north of Durban.
After a prolonged legal process, the Gqeberha High Court acquitted all three accused in April 2025.
Judge Irma Schoeman ruled that the state had failed to prove its case beyond reasonable doubt, and criticised the prosecution’s handling of the case, specifically noting that the cross-examination of the accused was of poor quality.
According to the NPA, the order was made by the SCA on June 26, 2026, following the State’s petition to the court challenging the judgement delivered by Schoeman on April 2, 2025.
Schoeman dismissed NPA request, followed by another dismissal of the request for reservation of the question of law as provided for in Section 319 of the CPA.
The State then petitioned the SCA, which has now granted the NPA leave to appeal.
The National Prosecuting Authority (NPA) welcomed the decision.
NPA spokesperson, Kaizer Kganyago, said: “The legal team led by Advocate Apla Bodlani SC, Advocate Bayethe Maswazi from the Mthatha Society of Advocates, supported by NPA’s Advocate Joel Sesar and Advocate Mzoxolo Rusi, filed a comprehensive, legally sound application for leave to appeal by invoking the provisions of Section 319 of the Criminal Procedure Act 51 of 1977 (CPA).
“These provisions allow the State to appeal a judgment by request to the judge who presided over the trial to reserve the question of law for consideration by the SCA. Before this legal route was explored, our legal team sought clarification of factual findings from (Judge Irma) Schoeman before requesting the said reservation of the question of law in line with the relevant case law.”
National prosecutions boss, Advocate Andy Mothibi, said the NPA’s legal prowess has been, for the longest time, under scrutiny, and this was an opportunity to have the full bench of the SCA pronounce on the “important principles of criminal law and the applicable test.”
Mothibi said the decision is also a “step in the right direction in pursuit of justice for the victims of GBVF”.
The NPA further noted that Omotoso had since been extradited to Nigeria, but Kganyago said that “he can be successfully extradited” to South Africa.
Omotoso was declared an undesirable person in South Africa and banned for five years in May 2025, and then left the country of his own accord.
He was declared a prohibited person on two grounds: overstaying his visa and entering the country on a false permit.
In the meantime, he has also been flagged by the Special Investigating Unit in its investigation into corruption at the Department of Home Affairs.
The report made damning findings against Omotoso, including that he had used fraud and misrepresentation to gain entry into, and subsequent residence in, South Africa.