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Eastern Cape High Court to hear first part of appeal process in Timothy Omotoso case
Eastern Cape High Court to hear first part of appeal process in Timothy Omotoso case

The Herald

time14-07-2025

  • The Herald

Eastern Cape High Court to hear first part of appeal process in Timothy Omotoso case

The Eastern Cape High Court in Gqeberha will on Monday hear the first part of the appeal process in the case of Timothy Omotoso and his co-accused who were acquitted in April of rape and human trafficking. This follows a directive by judge Irma Schoeman after the state sent a request for clarification of factual findings in her judgment, which is required before the state can request reservation of questions of law in terms of section 319 of the Criminal Procedure Act for consideration by the Supreme Court of Appeal. National Prosecuting Authority national spokesperson Adv Mthunzi Mhaga said this is the 'only limited mechanism in which the state can appeal an acquittal judgment in South African law'. Mhaga said the judge ordered the state and defence to argue the matter before her after Omotoso's attorney notified the registrar that the defence was opposed to the state's request. 'We take the view that it will be appropriate and in order for the judge to provide such clarification before the state can identify and request her to reserve those questions of law,' he said. Omotoso and his two co-accused were acquitted by Schoeman in the Gqeberha high court of rape, sexual assault and human trafficking. Schoeman ruled that while she might subjectively believe the complainants, the state had presented nothing to disprove the account presented by the accused. Omotoso had spent eight years behind bars and faced 32 charges including sexual assault, rape, racketeering and human trafficking. He was alleged to have groomed and abused girls as young as 14, but in April, exactly eight years after his arrest, he walked out a free man, after the judge lambasted the prosecution for rank incompetence and failure to corroborate the charges. He was deported from South Africa to Nigeria in May. TimesLIVE

NPA gives Cwecwe the thumbs down
NPA gives Cwecwe the thumbs down

The South African

time17-05-2025

  • The South African

NPA gives Cwecwe the thumbs down

On 17 May 2025, the National Prosecuting Authority (NPA) said no one would be prosecuted in the Eastern Cape sexual assault case. The case rocked the country earlier this year as #JusticeforCwecwe topped social media trends and news headlines. In March, a mother from Matatiele, EC, took to TikTok to allege that her seven-year-old daughter had been raped on school grounds. The woman claimed she had reported the matter to the police but the case was dismissed. Her allegations sparked public outrage, which resulted in both the police and the NPA being called to account. 'The National Prosecuting Authority NPA confirms that in November 2024, a case docket was presented to prosecutors in Matatiele Magistrates' Court as well as to the case manager at the Matatiele Thuthuzela Care Centre in the Eastern Cape. The docket contained information with suspicions of sexual assault on a minor girl', said NPA spokesperson, Mthunzi Mhaga. Mhaga said his office closely examined the details that had been presented in the docket of Cwecwe's case and had to make a decision based on the proof that was available. 'The prosecutors assessed the contents thereof and concluded that there was insufficient evidence upon which a successful prosecution could be instituted as no conclusive evidence of rape/sexual assault could be found after an interview and examination conducted on the minor girl', said Mhaga. Following this development, Mhaga said the EC Director of Public Prosecutions requested to view the docket. Thereafter, prosecutors in the DPP office relooked at the matter and confirmed the decision made by the prosecutors in Matatiele. The NPA said the decision was communicated with the investigation officers of the case. According to Mhaga, the docket was then returned to the police officers. 'The DPP's office did not release a public statement with regards to their decision at the time. In addition, doing so could have potential to compromise any ongoing police investigations', said Mhaga. On 8 April 2025, marches in honour of #JusticeforCwecwe took place in various parts of the country. Child protection organisations said the marches were to put pressure on authorities to make an arrest on the case. Mhaga said they were doing extensive work behind the scenes at the time. He said the NPA were unable to share the details with the public then. However, he said the NPA is now willing to share some information. 'In view of the public outcry and interest generated since the matter resurfaced in April 2025, the NPA has decided to communicate the decision of the prosecutors in the Eastern Cape Division. We can also indicate that the police have since resubmitted the docket to the DPP's office for further consideration', said Mhaga. 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.

Bloem court rules on R32 million asbestos corruption scheme
Bloem court rules on R32 million asbestos corruption scheme

The South African

time14-05-2025

  • The South African

Bloem court rules on R32 million asbestos corruption scheme

On 13 March 2025, the Bloemfontein High Court made a ruling on properties linked to an asbestos corruption scheme. The court granted the National Prosecuting Authority's Asset Forfeiture Unit, together with Directorate for Priority Crimes Investigation, a Preservation Order. The order stated that six immovable properties valued at R32 million and a Mercedes-Benz G63 AMG worth R2 million, would be seized. 'The AFU believes the properties are proceeds of unlawful activities of theft, fraud, corruption and money laundering perpetuated against the Free State Department of Human Settlements', said NPA spokesperson, advocate Mthunzi Mhaga. All the alleged perpetrators have direct ties to the Free State Department of Human Settlements. They had access to monies during their time at the department. 'The involved individuals, companies and trusts are alleged to have engaged in a complex web of financial flows, designed to strip the FSDHS of its much-needed resources', Mhaga continued. According to Mhaga, the perpetrators were able to move the proceeds of crime through attorneys, real estate agencies and high-end motor dealers. He said the AFU has shown through financial flows that the assets were purchased directly with monies linked to the FSDHS. 'This preservation order follows a Restraint Order of R300-million granted to AFU by the Free State High Court – Bloemfontein in September 2020', said Mhaga. Mhaga emphasised, 'The preservation order will effectively put a freeze on and thwart any efforts to dissipate the very assets sought to be preserved. This will provide for the subsequent forfeiture of these proceeds of crime to the state'. Mhaga said various persons and entities have since been criminally charged with multiple charges of fraud, theft, money laundering and corruption. They were also charged with contraventions of the Public Finance Management Act. Additionally, they were charged with contraventions of various sections of the Asbestos Regulations. They are set to appear before the Bloemfontein High Court for trial on 15 April 2025. The NPA said pursuing legal action was an ongoing response to the State Capture Commission's recommendation. It was recommended that they recover monies siphoned through an unlawful contract linked to the Free State Asbestos Eradication Project. 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.

Free State Asbestos Case: Court grants R32 million preservation order and seizure of Mercedes-Benz G63 AMG
Free State Asbestos Case: Court grants R32 million preservation order and seizure of Mercedes-Benz G63 AMG

IOL News

time14-05-2025

  • Business
  • IOL News

Free State Asbestos Case: Court grants R32 million preservation order and seizure of Mercedes-Benz G63 AMG

The Free State High Court has granted the National Prosecuting Authority (NPA) a R32 million preservation order against Ace Magashule and others linked to the asbestos corruption and money laundering scheme. Included in the court order is a luxury Mercedes-Benz G63 AMG, allegedly purchased in cash for R2 million - a symbol of the lavish lifestyle funded by illicit gains. According to the NPA, the seized assets are believed to be the proceeds of a web of criminal activities, including theft, fraud, corruption, and money laundering, orchestrated at the expense of the Free State Department of Human Settlements (FSDHS). 'The involved individuals, companies, and trusts are alleged to have engaged in a complex web of financial flows, designed to strip the FSDHS of its much-needed resources," said NPA national spokesperson Mthunzi Mhaga. 'They were allegedly able to move the proceeds of crime through attorneys, real estate agencies, and high-end motor dealers.' The Asset Forfeiture Unit (AFU) has shown through financial flows that these properties were purchased with monies siphoned from the FSDHS, the statement read. "This preservation order follows a Restraint Order of R300 million granted to the unit by the High Court in September 2020. This was in respect of the same asbestos corruption and money laundering scheme. "The order will effectively put a freeze on and thwart any efforts to dissipate the very assets sought to be preserved." The NPA said this will provide for the subsequent forfeiture of these proceeds of crime to the state. Meanwhile, the NPA confirmed that various persons and entities are also criminally charged with multiple charges of fraud, theft, money laundering, corruption, contraventions of the PFMA, and contraventions of various sections of the Asbestos Regulations. IOL Politics

NPA to probe conduct of prosecutors
NPA to probe conduct of prosecutors

eNCA

time13-05-2025

  • eNCA

NPA to probe conduct of prosecutors

JOHANNESBURG - The National Prosecuting Authority is appealing the not guilty verdict in Nigerian Pastor, Timothy Omotoso's trafficking and sexual assault case. It says it will also have an internal investigation into the conduct of the first team of prosecutors involved in the matter, which started in August 2024. Mthunzi Mhaga, NPA National Spokesperson, stated that they are awaiting a response from the judge after the registrar of the High Court in Gqeberha acknowledged receiving the request for clarification on factual findings.

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