Latest news with #GqeberhaHighCourt
Eyewitness News
7 days ago
- Politics
- Eyewitness News
Omotoso's legal team says it's too late for state to appeal acquittal
JOHANNESBURG - Controversial Nigerian televangelist Timothy Omotoso's defence team insists it's too late for the state to appeal his acquittal on charges of rape and human trafficking. On Monday, the National Prosecuting Authority (NPA) returned to the Gqeberha High Court in the Eastern Cape, taking a step towards challenging an April ruling that found the state failed to prove Omotoso's guilt beyond a reasonable doubt. Prosecutors asked the court to clarify the findings that led to the not-guilty verdict, a request Omotoso's legal team strongly opposed, saying the NPA missed its window to appeal. The Omotoso case was one of several that cast a light on the NPA's shortcomings, with High Court Judge Irma Schoeman delivering a damning assessment of the state's case. Now, after regrouping, appointing new advocates and plotting a way forward, the NPA is trying to lay the groundwork for an appeal, a move the defence said comes far too late. Omotoso's lawyer, Peter Daubermann, argued that the Criminal Procedure Act requires an appeal to be filed within 21 days, a deadline long missed. 'It is now more than 90 days after judgment was delivered in this case. Not only is there no application for the reservation of the question of law before you, but the time for bringing such an application has passed.' The law does allow for an application for condonation, provided the state can explain the delay and demonstrate prospects of success, before an appeal can be heard. ALSO READ: Omotoso's defence says NPA's acquittal appeal a 'fishing extradition', legally unsound
Eyewitness News
14-07-2025
- Politics
- Eyewitness News
Omotoso's defence says NPA's acquittal appeal a 'fishing extradition', legally unsound
JOHANNESBURG - The National Prosecuting Authority (NPA) has run into another setback at the Gqeberha High Court as it moves to appeal the acquittal of controversial pastor Timothy Omotoso. 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
IOL News
13-07-2025
- Politics
- IOL News
NPA to appeal Timothy Omotoso acquittal on rape and human trafficking charges after his deportation
The National Prosecuting Authority will return to the Gqeberha High Court on Monday to begin its appeal against the acquittal of Nigerian televangelist Timothy Omotoso. Image: File The National Prosecuting Authority (NPA) said it will begin its appeal on July 14, in the case of Nigerian pastor and televangelist Timothy Omotoso and his co-accused at the Eastern Cape Division of the High Court in Gqeberha. According to NPA national spokesperson Mthunzi Mhaga, the court will hear the first part of the appeal process following a directive from Judge Irma Schoeman. The directive came after the State submitted a request for clarification of factual findings in her judgment, which is required before it can request the reservation of questions of law under Section 319 of the Criminal Procedure Act of 1977 for consideration by the Supreme Court of Appeal. 'This is the only limited mechanism in which the state can appeal an acquittal judgment in South African law,' Mhaga said. He added that Judge Schoeman ordered both the state and the defense to argue the matter before her after Omotoso's attorney informed the registrar that the defense opposed the state's request. 'We take the view that it will be appropriate and in order for the Honourable Judge to provide such clarification before the state can identify and request her to reserve those questions of law,' Mhaga said. Omotoso left South Africa in May for Lagos, Nigeria, marking the end of a drawn out legal process that lasted nearly a decade. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ He opted to be deported after he was re-arrested by immigration officials in East London on May 10. The Department of Home Affairs has declared him a prohibited person, citing that his continued stay in the country was unlawful. According to Home Affairs, Omotoso is barred from returning to South Africa for the next five years. Earlier this year, on April 2, the Gqeberha High Court acquitted Omotoso of 32 serious charges, including rape. He had originally faced over 90 allegations, including rape, human trafficking and racketeering. His co-accused, Lusanda Sulani, 41, and Zikiswa Sitho, 33, were also acquitted. The trial, which began in 2017, drew national attention and public outrage. Omotoso is the founder of the Durban-based Jesus Dominion International Church. Despite his deportation, the court previously ruled that Omotoso's deportation will be suspended until his application to review the Home Affairs decision is heard. Home Affairs said the controversial pastor has been declared both a prohibited and undesirable person in South Africa. He will only be eligible to reapply for reentry after five years, the department said. IOL
Eyewitness News
06-06-2025
- Politics
- Eyewitness News
'Cradock Four' inquest: Son of Calata drops bombshell that his dad died for his activism
JOHANNESBURG - The son of slain apartheid activist Fort Calata has testified before an inquest that he was told by a senior government official that his father's case was part of the price that had to be paid during negotiations for South Africa's freedom. The Cradock inquest is on its fifth day in the Gqeberha High Court, and Lukhanyo Calata is on the witness stand. The inquiry is to establish whether the apartheid security branch police or any other people can be held liable for the deaths of the anti-apartheid activists. Fort Calata, Matthew Goniwe, Sicelo Mhlauli and Sparrow Mkhonto were abducted and assassinated by police in 1985. IN PICS: Gqeberha High Court Judge visits key locations linked to lives of 'Cradock Four' It's a widespread rumour that the negotiators of South Africa's freedom in the run-up to democracy may have agreed to certain conditions that have led to most black South Africans remaining disadvantaged, and the perpetrators of apartheid crimes being let off the hook. But on Friday, in the 'Cradock Four' inquest, the son of Calata, Lukhanyo, told the Gqeberha High Court of a conversation he had with the Deputy Minister of Justice, John Jeffrey, in 2017. 'The deputy minister said you know the issues of the TRC [Truth and Reconciliation Commission], including the 'Cradock Four' matter, was part of the price that had to be paid for the negotiation settlement. When he said that my blood was boiling, because what did he mean that this was part of the price that had to be paid?' Calata said his family was not willing to accept that his father was used by politicians as a pawn in some kind of negotiation game. ALSO READ: Judge visits locations related to killings of Cradock Four
eNCA
18-05-2025
- eNCA
Pastor Omotoso leaves SA and banned for five years
Screenshot enca JOHANNESBURG - Nigerian televangelist Timothy Omotoso has left South Africa for his home country, Nigeria. A flight carrying him to Lagos departed from OR Tambo International Airport on Sunday. Omotoso was first arrested back in 2017 facing 32 charges including rape, human trafficking and racketeering. He was accused of these crimes with two other women from his church. In April, the three were acquitted of all charges by Judge Irma Schoeman in the Gqeberha High Court. The televangelist was re-arrested earlier in May for immigration related matters. He was then freed after a court ruled that Home Affairs didn't follow proper arrest procedures Home Affairs says the controversial pastor is not allowed to return to South Africa for the next five years. Motoso was expected to mount a legal challenge of his own against the Department of Home Affairs following the court ruling on his rearrest over immigration matters. The department said they have declared Omotoso as a prohibited and undesirable person in South Africa. The televangelist will only be able to reapply to come back to SA after five years. Home affairs said this was emphasised and accordingly communicated with Omotoso.
