Parliament, Friday, 16 May 2025 – The Portfolio Committee on Justice and Constitutional Development expressed dissatisfaction with how the trial of Nigerian Pastor Mr Timothy Omotoso, which resulted in his acquittal, was handled.
The committee received a briefing from the National Prosecuting Authority (NPA) on Friday and resolved to closely monitor the upcoming appeal by the NPA.
Committee Chairperson, Mr Xola Nqola, said there was a public outcry following the ruling, especially since it referred to weaknesses in the prosecution of the matter. “It was therefore important for the committee to understand first-hand what happened and what the way forward is.”
Mr Omotoso and his co-accused, who were facing charges, including rape, sexual assault and human trafficking, have been acquitted. Last month, the Eastern Cape High Court in Gqeberha found Mr Omotoso and his co-accused not guilty, stating that the state had failed to prove its case beyond a reasonable doubt. The judge criticised the state’s cross-examination of the accused, describing it as “poor quality”.
The committee heard about prosecutor Adv Nceba Ntelwa’s removal from the case in January 2022. The judge cited Adv Ntelwa’s failure to inform the defence about contradictory statements as a significant irregularity and highlighted a concern about the prosecution’s handling of the case and its potential impact on the fairness of the trial. The judge noted that it would not be appropriate for Adv Ntelwa to continue prosecuting the case, as the judge would find it difficult to rely on his assurances in the matter.
The Eastern Cape Director of Public Prosecutions, Mr Barry Madolo, then assigned a new team of three prosecutors. In October 2023, Mr Madolo wrote to the late Adv Rodney de Kock, the then Deputy National Director of Public Prosecutions (DNDPP), regarding the allegations of misconduct against prosecutors and suggested that an investigator from the NPA’s Labour Relations Unit be appointed to investigate the conduct of the prosecutors. However, in the interests of protecting the witnesses (victims) and the case, given that the witnesses (victims) in the main case would be witnesses in this investigation, it was decided not to start the investigation until the state closed its case.
The committee heard that in August last year, a senior prosecutor outside of the Eastern Cape Division was appointed to investigate the misconduct allegations against Adv Ntelwa and other prosecutors.
The committee also hear that on 9 April 2025, Adv Batohi established a team led by the Special Director of Public Prosecutions: Sexual Offences and Community Affairs (SOCA) Unit, Adv Joel Cesar, Deputy Director of Public Prosecutions, (Bhisho DDPP) who was part of the second prosecuting team in the Omotoso case, two experienced prosecutors from outside the Eastern Cape Division, as well as independent Senior Counsel from the Bhisho Bar Council, to provide advice on evidence and to determine whether the judgement can be appealed or not.
The team studied the full transcript and compiled a memorandum of advice indicating that they unanimously agreed that the judgment must be appealed. In this regard, the team identified several questions of law for consideration by the Supreme Court of Appeal (SCA). Having considered all pertinent documents and judgements, on 5 May 2025, Senior Counsel provided an opinion on whether the matter should be appealed, stating that there are strong prospects of success on appeal.
While the legal appeal process unfolds, Mr Omotoso is now also facing deportation proceedings in terms of the Immigration Act, 13 of 2002, as amended.
Mr Nqola said the committee was unanimous in its outcry regarding the remarks from the trial judge about the prosecution team’s performance. “Members were very clear that the victims have been let down by what seems to be incompetent prosecutors. Furthermore, members raised concerns regarding the lack of supervision from provincial and national directors. We felt that the intervention and support from the national office could have resulted in a different outcome. We also want consequence management in this matter. Those who messed up, deliberately or otherwise, must be held accountable,” said Mr Nqola.
The committee urged that the appeal application move with speed and that it will also closely monitor the investigation into the prosecutors’ conduct and the outcome
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MR XOLA NQOLA.
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