By John Ogunsemore
Nigerian pastor, Timothy Omotoso’s rape acquittal will be appealed, South African prosecutors have declared.
The popular televangelist and his two co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted of 32-counts of rape, racketeering and human trafficking by a high court in Gqeberha, in South Africa’s Eastern Cape Province in April.
In a Tuesday statement, the National Prosecuting Authority (NPA) said it would appeal the court’s verdict.
“This decision follows a thorough consideration of the matter by an NPA internal team of experienced prosecutors, as well as a legal opinion sourced from Senior Counsel. The decision could not be rushed due to the complexity of the matter and the voluminous transcript that needed to be interrogated.
“The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process. A convicted person may appeal a conviction on both facts and the law. However, the state can only appeal an acquittal judgment on a question of law [as opposed to facts], in terms of Section 319 of the Criminal Procedure Act [CPA],” the statement published on the South African Government News Agency website reads in part.
The NPA disclosed it has commenced the first step in its appeal process – filing papers with the court registrar to “request for the judge to clarify factual findings”.
No fewer than 20 women accused Omotoso of sexual assault, including some who accused him of rape.
Omotoso, the founder of Jesus Dominion International (JDI) church, was first arrested in 2017 following a manhunt after several women accused him of sexual assault and rape.
The Nigerian televangelist denies the charges.
Omotoso was re-arrested over the weekend on separate immigration-related charges, after an investigation by the South African Department of Home Affairs, which is seeking his deportation.
On Tuesday, a Magistrates Court ordered the televangelist’s release, ruling that he could not be detained for more than 48 hours without being charged as stipulated by Section 34 of the nation’s Immigration Act.