- The Supreme Court of Appeal has granted the National Prosecuting Authority leave to appeal Timothy Omotoso's acquittal on rape and trafficking charges.
- If the appeal succeeds, Home Affairs has already agreed to lift Omotoso's immigration ban so he can be extradited from Nigeria.
The Supreme Court of Appeal will hear the state's challenge to Timothy Omotoso's acquittal, after two earlier attempts to bring the case before a court were refused.
Omotoso, a Nigerian televangelist, and his two co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted in April 2025 on all remaining charges, including rape, sexual assault and human trafficking.
Judge Irma Schoeman ruled that the state had failed to prove its case, criticising the prosecution's cross-examination of the accused.
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The National Prosecuting Authority tried twice at the Eastern Cape High Court to get the case in front of a higher court, first asking Schoeman to clarify her findings, then asking her to reserve a legal question for the Supreme Court of Appeal. Both requests were refused.
The NPA then petitioned the Supreme Court of Appeal directly, and the court has now granted it leave to appeal.
The NPA's legal team was led by Advocate Apla Bodlani, together with Advocate Bayethe Maswazi, Advocate Joel Cesar and Advocate Mzoxolo Rusi.
National Director of Public Prosecutions Andy Mothibi said the case gives five Supreme Court of Appeal judges the chance to rule on important legal principles, and called it a step forward in seeking justice for victims of gender-based violence.
Omotoso left South Africa for Nigeria after his acquittal.
Justice Minister Mmamoloko Kubayi told Parliament in May that Home Affairs had already agreed to lift the five-year immigration ban placed on Omotoso, specifically so the NPA could pursue his extradition if the appeal succeeds.
The appeal itself has not yet been heard. No date has been given for when the Supreme Court of Appeal will consider the matter.
