The National Prosecuting Authority (NPA) has announced that it has appointed a Senior Counsel to evaluate and advise on the possibility of appealing the Timothy Omotoso judgement.
NPA national spokesperson advocate Mthunzi Mhaga said the decision to consider appealing the Omotoso case is based on the gravity and complexity of the case, as well as the fact that the state can only appeal an acquittal under Section 319 of the Criminal Procedure Act.
“This team is studying the transcript, and the three other relevant decisions that were handed down in the course of this trial and will provide a memorandum of advice and opinion on the appeal ability of the judgment,” said Mhaga. “The NPA will announce its decision, taking into account the memorandum of advice from the NPA team, and the opinion from Senior Counsel.”
The 66-year-old Nigerian national was acquitted after spending eight years in jail. He was acquitted alongside his co-accused, Lusanda Sulani, and Zikiswa Sitho.
Mhaga went on to say that the recent judgement has harmed efforts to combat sexual and gender-based violence (GBV) and eroded trust in the criminal justice system. This has serious consequences for the victims, he said.
The Commission for the Promotion of the Rights of Cultural, Religious, and Linguistic Communities (CRL Rights Commission) is one of several groups who condemned the NPA following the Nigerian televangelist’s acquittal by the High Court in Gqeberha, Eastern Cape.
“All we can say is, the NPA let us down. The NPA let these witnesses (the victims) down. There are hundreds, if not thousands of victims out there who were waiting to see how this case goes. If it was not a matter of not cross-examining the accused appropriately, as the judge said, then we are leaving it at the door of the NPA,” said chairperson of the CRL Rights Commission, Thoko Mkhwanazi-Xaluva.
The NPA added that it is considering all avenues to ensure justice is served within the law.
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