NPA to decide on legal path to take after pastor Omotoso's acquittal

The National Prosecuting Authority says the judge who acquitted Nigerian televangelist Timothy Omotoso and his two co-accused did so on a technicality and it is for this reason that the state will study the judgment and decide which legal avenues to explore.

The Gqeberha high court found on Wednesday that Omotoso, Lusanda Sulani and Zikiswa Sitho were not guilty on the 32 charges the state indicted them on, including rape and human trafficking. 

“Delivering the judgment, judge Irma Schoeman found that the trio was not guilty due to the technicality; mainly that the former prosecutors in the case acted improperly and the accused were not sufficiently cross-examined by the state,” NPA spokesperson Luxolo Tyali said.

Tyali said as a result, the prosecuting team will decide which legal avenues to explore.

Since the arrest of the three in April 2017, their trial has been protracted, with numerous obstacles, including interlocutory applications by the accused that even included Constitutional Court challenges, he said.

“The most recent applications were for five special entries for a mistrial and an application made on January 16 2024, where the defence made an application for the judge to reconsider her previous judgment on the application for discharge, which were successfully opposed by the state.”

He said the delays caused some witnesses to no longer want to proceed with giving evidence as they indicated they had since moved on with their lives and were not interested in reliving their experiences in court. 

Tyali said the state remained committed to ensuring justice was served for the victims of crime and would go to all lengths to give a voice to the victims by exploring all the possible avenues.

Eastern Cape social development MEC Bukiwe Fanta expressed her disappointment at the acquittal. She said the ruling had left many in the community feeling disheartened and it had raised significant concerns about the challenges faced in the fight against gender-based violence. 

“The acquittal of the accused is a painful reminder of the systemic issues within our justice system that continue to hinder the pursuit of justice for victims of sexual violence. Each case of acquittal not only impacts the victims but also sends a troubling message to our society about the seriousness of these crimes,” Fanta said 

She said the department remained committed to supporting survivors of sexual violence and advocating for stronger measures to prevent such crimes.

Fanta emphasised the importance of creating an environment where victims felt safe to come forward and report incidents, knowing they would be supported throughout the legal process. 

“We must continue to work collectively as a government, community and society to address the root causes of gender-based violence. It is essential that we empower our communities to stand against violence and support initiatives aimed at education and prevention.” 

Fanta said the department will continue to provide essential services, including counselling and support for victims and their families, to help them navigate the emotional and psychological impacts of such traumatic experiences. 

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