The National Prosecuting Authority (NPA) on Monday announced that while it has noted the departure of Timothy Omotoso from South Africa, it will still proceed with the appeal on the acquittal judgment notwithstanding.
NPA spokesperson, advocate Mthunzi Mhaga Omotoso is not required to be present in court when the NPA appeal is made.
“The South African legal system does not require active participation or presence of an accused person during the hearing of an appeal by a court. An appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal (SCA), as well as the judiciary,” he said.
Mhaga said there was no basis for authorities to block Omotoso from leaving South Africa.
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“Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that person considered undesirable, is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise,” said Mhaga.
He said if the NPA appeal succeeds, the prosecuting authority will apply for Omotoso’s extradition.
“The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,” said Mhaga.
Omotoso, founder of the Durban-based Jesus Dominion International church, left South Africa on Sunday, signalling the end of protracted legal ordeal that has lasted nearly a decade.
Last month, on April 2, the Gqeberha High Court acquitted Omotoso of 32 serious charges, including rape. He had previously faced over 90 allegations, including rape, human trafficking, and racketeering.
Omotoso and his co-accused, Lusanda Sulani, aged 41, and Zikiswa Sitho, aged 33, had faced 32 counts ranging from racketeering and trafficking in persons to rape.
The trial spanned eight years before the acquittal.
Omotoso was originally arrested in 2017. His high-profile trial drew national attention and sparked widespread public outrage.
Last week, reported that the court ruled that the Nigerian preacher will not be deported until his application for a review of Department of Home Affairs’ decision is heard in court.
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