The Eastern Cape division of the National Prosecuting Authority (NPA) has announced plans to appeal the Gqeberha High Court’s decision to acquit Nigerian televangelist Timothy Omotoso and two co-accused, Lusanda Sulani and Zukiswa Sitho. This high-profile case, which has captured national attention for years, involves the controversial leader of the Jesus Dominion International Church, who faced a total of 63 serious charges.

Last month, the court dismissed the charges, ruling that the prosecution failed to prove its case beyond reasonable doubt. The presiding judge also noted weaknesses in the cross-examination of the accused, describing it as inadequate. That decision triggered public outcry, particularly among advocates against gender-based violence, prompting the NPA to reconsider its legal options.

Grounds for Appeal and Legal Complexity

On Tuesday, NPA spokesperson Mthunzi Mhaga confirmed that Director of Public Prosecutions in the Eastern Cape, Barry Madolo, would formally challenge the judgment. Mhaga explained that this decision came after a comprehensive internal review by seasoned prosecutors, as well as a legal opinion provided by senior counsel.

Due to the case’s intricate nature and the extensive documentation involved, the NPA took time to thoroughly assess its legal footing before moving forward. Mhaga stated, “The NPA believes there are reasonable prospects of a successful appeal despite the complexities of the legal process.”

He further clarified that, unlike a convicted person who may appeal based on both facts and law, the state can only appeal an acquittal on legal grounds. This is stipulated in the Criminal Procedure Act, which restricts state appeals to questions of law. Consequently, the appeal process must begin with a formal request to the trial judge, seeking clarification of their factual findings—a procedural step necessary for identifying legal questions to be appealed.

According to Mhaga, the application for clarification was submitted to the registrar of the Gqeberha High Court on Monday. Once the judge responds, the NPA will finalize and file a formal application to reserve legal questions for consideration in the appeal.

Internal Probe into Prosecutorial Conduct

In parallel with the legal appeal, the NPA has initiated an internal investigation into the handling of the case by its own legal teams. This probe, which began after the judgment was delivered, initially focused on the first prosecutorial team. However, its scope has now been broadened to include the second team as well.

Mhaga said the investigation aims to determine whether any disciplinary measures are warranted. “The aim is to hold accountable any individuals whose conduct may have compromised the prosecution of this sensitive and high-profile case,” he explained.

The NPA’s decision to scrutinize its internal processes demonstrates an effort to uphold prosecutorial integrity and address growing concerns about accountability in the justice system.

Impact on Victims and Broader Justice System

Mhaga acknowledged the profound emotional toll the acquittal has had on the victims, many of whom endured years of public scrutiny and trauma during the drawn-out legal process. He emphasized that the judgment has shaken public confidence in the justice system’s ability to effectively prosecute sexual and gender-based violence (SGBV) cases.

Nevertheless, he urged the public not to let this outcome undermine the significant progress made by the NPA in supporting survivors. “This judgment should not detract from the critical work we’ve done alongside our partners to support victims of gender-based violence,” he said.

He further stressed that the outcome should not discourage survivors from stepping forward or accessing the services available to them through institutions like the Thuthuzela Care Centres (TCCs). These centres, established to provide holistic support for victims of sexual assault, have become a central feature of the NPA’s victim-centered approach to justice.

According to Mhaga, the NPA has recorded a 77% conviction rate in cases referred through TCCs across the country. These figures, he noted, demonstrate that while individual cases may present challenges, the broader system remains effective in prosecuting sexual violence when processes function properly.

Public and Legal Reactions to the Acquittal

The acquittal of Omotoso and his co-defendants has stirred a strong reaction among gender rights activists and civil society groups. Critics argue that the outcome sends a chilling message to victims of abuse, particularly when cases involve powerful or high-profile figures. They also questioned the prosecution’s handling of the matter, given the multiple years spent building the case and the initial decision to consolidate numerous charges involving several victims.

Legal analysts have pointed out that appeals based on legal questions present a high bar for the state to meet. However, some believe that if the judge’s ruling contained misapplications of the law—especially concerning how witness testimonies were weighed or the burden of proof was interpreted—there may be valid grounds for the appeal to proceed.

The Road Ahead for the Appeal

Now that the first step in the appeal process has been initiated, the NPA awaits the trial judge’s clarification on factual findings. Once that clarification is received, the prosecutorial team will finalize its arguments around legal errors and file the necessary paperwork for a formal appeal.

If successful, the appeal could result in a retrial, providing an opportunity to re-examine the evidence and potentially deliver justice to the victims. However, the legal process remains fraught with procedural hurdles, and it may take months—or even years—for the appeal to conclude.

Still, the NPA appears determined to pursue all legal remedies available, both to restore public confidence and to reinforce its stated commitment to victims of gender-based violence.

Conclusion

The decision to challenge the acquittal of Timothy Omotoso represents more than just a legal maneuver—it reflects an institutional effort to restore faith in South Africa’s justice system. As the case moves into the appeal phase, all eyes will remain on the NPA and the judiciary to see whether the legal system can ultimately deliver justice in one of the country’s most watched sexual abuse trials.