State to appeal Omotoso acquittal

The NPA says it believes there are reasonable prospects of a successful appeal despite the legal complexities involved.

The decision follows detailed deliberations by the NPA’s internal team of experienced prosecutors and advice from Senior Counsel. 

A planned media briefing set for Monday was postponed, with the NPA citing the case’s complexity and the need to thoroughly review the court record.

NPA spokesperson Mthunzi Mhaga confirmed the first step of the appeal is already underway adding that a request has been filed with the Registrar of the High Court asking Judge Irma Schoeman to clarify certain factual findings.

“Once a clarification of the factual findings is received from the Judge, the NPA’s legal team will finalise the papers on the reservation of questions of law and file this application with the Registrar of the High Court. Even though Section 319 of the CPA does not prescribe the timeframe for the filing of such papers, we undertake to file the application within a reasonable period to avoid any undue delay,” said Mhaga.

The Authority is also continuing an internal investigation into the conduct of the first team of prosecutors, launched in August 2024.

Since the ruling, the investigation has been widened to include both prosecution teams.

“Since the judgment, the scope of the investigation has been extended to include both prosecution teams, with a view to identify, if necessary, disciplinary steps to be taken against persons involved. After the court’s judgment, the NPA appointed additional officials to assist with the investigation due to its extended scope.”

The final report is expected in June 2025.

Mhaga acknowledged the impact of the judgment, both on the victims and the public’s trust in the justice system.

“While in our appeal we maintain that the judge erred in certain of her findings, the Omotoso judgment has had a tragic impact on the victims involved and seriously dented confidence in the NPA and the justice system to address SGBV matters. Although this judgment has been a setback, it should not detract from the important support that the NPA and its partners provide to victims of SGBV, including in the most complex cases.”

In her ruling last month, Judge Schoeman had delivered a damning judgment of the prosecution’s performance, saying it lacked coherence, evidence, and proper engagement with witness testimony.

“Cross-examination lasted less than a morning and was just a synopsis of the accusations. It was shallow and lacked intent to uncover the truth,” she said.

Omotoso was acquitted on all charges, including rape, human trafficking, and sexual assault. He had been accused of coercing female congregants into sexual acts and restricting their freedom at his church. 

His co-accused, Lusanda Solani and Zikiswa Sitho, were also acquitted — a decision that drew criticism from civil society and women’s rights groups.

The NPA reiterated its commitment to supporting survivors of sexual and gender-based violence and ensuring capable prosecution, even in complex and high-profile cases.

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