NPA to appeal Omotoso's acquittal judgment in his absence

The National Prosecuting Authority (NPA) says it will proceed with the appeal on Timothy Omotoso's acquittal judgment even though he has left SA. 

“The South African legal system does not require active participation or presence of an accused person during the hearing of an appeal by the court,” said NPA spokesperson Mthunzi Mhaga in a statement. 

“An appeal process requires the court and the Supreme Court of Appeal as well as the judiciary,” he said.

The NPA said the Nigerian televangelist is not a fugitive from justice. 

“There are no legal grounds to prevent him from leaving the country. His departure means that the person considered undesirable is no longer enjoying life in this country, pending the outcome of the appeal, which could take a long time to finalise,” said Mhaga. 

If the NPA succeeds in the appeal, it will apply for extradition. 

“The NPA will use all existing bilateral, regional and international co-operation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition.” 

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