The NPA announced they would appeal the decision of Judge Irma Schoeman which acquitted televangelist Timothy Omotoso of rape and sexual misconduct charges.
Image: Supplied
Gender rights activists are not confident that the appeal application by the National Prosecuting Authority (NPA) in the Timothy Omotoso matter will serve its purpose, and believe sexual violence victims will be further traumatised.
The reaction comes after the NPA announced they would appeal the decision of Judge Irma Schoeman, in which she found the State had not proved its case beyond reasonable doubt.
Televangelist Omotoso and his co-accused - Lusanda Sulani and Zukiswa Sitho, were acquitted last month of all charges brought against them which included rape, sexual assault, racketeering and trafficking in persons.
The trio were acquitted following a mammoth eight-year trial.
In a statement, NPA spokesperson, Mthunzi Mhaga, said they have made the decision after senior legal opinion was sought.
Sonke Gender Justice chairperson, Bafana Khumalo, said while they welcome the NPA’s decision to appeal, they believed the State almost deliberately gave the case away.
“Many in society were not only shocked but more disappointed by the outcome of this case.
"Comments by the judge were painfully telling as she pointed the shoddy work by the prosecutors.
"We are not sure that the appeal will serve the purpose. Normally, an appeal must be based on a procedural matter related to the wrong application of the law with a strong belief that another court may have a different view,” said Khumalo.
Khumalo further raised concerns for the victims of the sexual crimes perpetrated against them and said the justice that was to be afforded to the victims, has already been delayed.
The NPA expressed confidence that they have reasonable prospects of a successful appeal despite the complexities of the legal process and intend to file the application for leave to appeal in terms of Section 319 of the Criminal Procedure Act (CPA).
Mhaga confirmed that disciplinary steps will be taken against the first team of prosecutors in the matter.
“The NPA is proceeding with the internal investigation into the conduct of the first team of prosecutors involved in this matter which started in August 2024. Since the judgment, the scope of the investigation has been extended to include both prosecution teams, with a view to identify, if necessary, disciplinary steps to be taken against persons involved. After the court’s judgment, the NPA appointed additional officials to assist with the investigation due to its extended scope. The report from the investigation is expected in June 2025."
Cape Argus