Omotoso's defence says NPA's acquittal appeal a 'fishing extradition', legally unsound
Omotoso's defence team on Monday morning dismissed the state's bid for clarification, calling it a 'fishing expedition' and legally unsound.
The NPA has applied for clarification around Omotoso's acquittal, as it prepares to approach the Supreme Court of Appeal.
In April, Judge Irma Schoeman acquitted the Nigerian pastor of 30 charges, including rape, racketeering and human trafficking against Omotoso.
A month later, Omotoso left South Africa for Nigeria, escorted by Home Affairs officials, who also declared him a prohibited person, banning his return for five years.
In court on Monday, Omotoso's lawyer Peter Daubermann said granting the NPA its request for clarification would set a dangerous precedent.
"My Lady, if this type of application were entertained, it would mean that an accused person would never know whether the judgment is final, this application is legally untenable, it's a fishing expedition, and I ask you to dismiss the application."
ALSO READ: Reasonable prospect of success in appealing verdict in Omotoso sex crimes trial - Batohi
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The South African
3 hours ago
- The South African
Fake attorney jailed for posing as legal practitioner in court
A 43-year-old man who falsely represented himself as a legal practitioner has been sentenced to six years in prison by the Specialised Commercial Crime Court in Rustenburg. Johannes Tebogo Motse operated for months without registration, deceiving multiple clients and forging legal documents to support his fraudulent activities. Between February and November 2022, Motse illegally appeared in courtrooms as a legal practitioner and took on cases despite having no legal credentials. Furthermore, he went as far as forging a fidelity fund certificate, an admission certificate, and a right of appearance certificate to make his claims convincing. One victim paid Motse R15 000 to file an appeal, but never received any legal service. Additionally, when the client realised the appeal had not progressed, they contacted the police. Investigators quickly uncovered that Motse was not registered with the Legal Practice Council of South Africa. Motse pleaded guilty to three counts of fraud, one count of theft, two counts of forgery, and two counts of uttering. The court also grouped the fraud, forgery, and uttering charges and imposed a six-year direct prison sentence. He received a two-year suspended sentence on the theft charge, provided he repays the R15 000 to the complainant by 31 August. He was also declared unfit to possess a firearm in terms of Section 103 of the Firearms Control Act. Advocate Matshidiso Ramakgaphola stressed that such crimes are growing frequently and must be dealt with firmly. The Director of Public Prosecutions in the North West, Dr Rachel Makhari, welcomed the ruling and praised the state advocate for her work. 'These sentences underscore the NPA's commitment to combating bogus legal practitioners and protecting the integrity of the legal profession and the public,' said Dr Makhari. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
The Star
3 hours ago
- The Star
Pastor arrested for allegedly raping 14-year-old girl in Limpopo church
A 40-year-old pastor has been arrested for allegedly raping a 14-year-old girl inside a church in Limpopo. Provincial police spokesperson Colonel Malesela Ledwaba said the incident allegedly happened on July 9, when the suspect asked the 14-year-old girl to come to the church, but once she arrived, he reportedly locked her inside his office. "The victim found the pastor alone in the church office. It is alleged that the suspect locked the door and forced the victim to perform sexual acts before repeatedly raping her." Ledwaba further stated that the pastor allegedly told the victim to keep the incident a secret. Despite this, the 14-year-old bravely reported the incident to her family, which led to an immediate rape case being opened. "The victim courageously disclosed the ordeal to her family on July 19, after which the police were immediately notified. A case of rape was opened and investigated by the Family Violence, Child Protection and Sexual Offences (FCS) Unit and the suspect was arrested on July 20," Ledwaba added. The 40-year-old appeared on July 21 facing charges of rape. Provincial Commissioner Lieutenant General Thembi Hadebe praised the victim for her courage in speaking out and reporting the serious crime. "We encourage parents and guardians to maintain open communication with their children and to report any suspicious behaviour immediately." In recent months, there has been a disturbing wave of scandals that continues to rock faith communities across South Africa. A string of high-profile religious leaders have faced serious accusations of sexual abuse, prompting growing outrage and calls for justice. Two of the most prominent figures at the centre of these allegations are Bishop Bafana Stephen Zondo, head of Rivers of Living Waters Ministries, and Nigerian televangelist Timothy Omotoso, founder of Jesus Dominion International. Zondo, a once-revered spiritual leader with thousands of followers across Gauteng, is currently facing 10 charges, mostly rape and sexual assault, brought forward by seven women, many of whom were members of his church. The alleged abuse spans years and involves disturbing claims of spiritual manipulation and physical violation. In March 2025, the Sebokeng Regional Court ruled that Zondo must stand trial, dismissing his attempt to have the charges dropped under Section 174 of the Criminal Procedure Act. His subsequent bid to have Judge Papi Mosopa recused from the case, citing alleged bias, was also rejected. Meanwhile, Timothy Omotoso, whose case has gripped the country for nearly eight years, was acquitted in April 2025 on 32 counts, including rape, human trafficking, and racketeering. The Gqeberha High Court ruled that the prosecution failed to prove its case beyond a reasonable doubt, citing poor witness cross-examination and procedural irregularities. The acquittal triggered a wave of public outrage, with gender-rights organisations and civil society groups accusing the justice system of failing survivors and protecting powerful religious leaders. Jane Makekema, a resident of Evaton in the Vaal, said she no longer feels safe attending church. 'I used to go to church to find peace, now I fear it's where the most damage is done.' She added that although she no longer goes to church, she still believes there are good faith leaders in our communities. 'Not all of them are bad; there are men and women truly called to serve, but their good work is drowned out by the horror stories we keep seeing in the news.' In response to mounting pressure, the National Prosecuting Authority (NPA) has filed an appeal to overturn the controversial acquittal. As previously reported by IOL, the NPA has formally requested that the presiding judge provide clarification on the ruling, a necessary step before the matter can be escalated to the Supreme Court of Appeal. The Star [email protected]
The South African
4 hours ago
- The South African
Court dismisses plea to pardon State Capture accused
On 21 July 2025, the Johannesburg High Court dismissed an application by lawyers of high-profile individuals, seeking pardon from State Capture allegations. They face 11 charges including fraud and Contravention of Regulation 4 of the Mineral and Petroleum Resources Development Act. The National Prosecuting Authority said all the individuals are linked to a corruption case involving mine rehabilitation. Spokesperson of the NPA's Investigating Directorate Against Corruption, Henry Mamothame, said the accused were also in Contravention of Regulation 7 of the National Environmental Management Act. Additionally, they were charged with money laundering, forgery, uttering and perjury. The alleged state capture offenders approached the court seeking a discharge. Their application was made in terms of Section 174 of the Criminal Procedure Act. 'The accused include the former Deputy Director-General of the then Department of Mineral Resources, Joel Raphela,' said Mamothame. Charged with Raphela are Ronica Ragavan, Pushpaveni Govender and entities linked to the Gupta family, which are Optimum Coal Mine, Koornfontein Mines and Tegeta Exploration and Resources. Mamothame regards the court's dismissal of the application as a victory for justice. Additionally, IDAC has been granted leave to amend the indictment on certain charges against the accused. All the accused have pleaded not guilty to the 11 charges. In conclusion, the matter was postponed to 25 May 2026. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news
