Even though Nigerian televangelist Timothy Omotoso has left South Africa and returned to his home country, the National Prosecuting Authority (NPA) is not backing down.
They are determined to keep pushing forward with their appeal against the court’s decision that acquitted him.
What the NPA Says About the Appeal Process
Advocate Mthunzi Mhaga, the spokesperson for the NPA, clarified that in South Africa’s legal system, the accused does not have to be physically present for an appeal hearing.
The appeal is mainly between the legal teams, the courts, and relevant registrars.
So, Omotoso’s absence from South Africa won’t stop the case from moving ahead.
Mhaga also pointed out that Omotoso is not running away from justice.
There’s no legal reason to stop him from leaving the country.
Instead, his departure highlights that the government considers him an undesirable presence in South Africa while the appeal is still pending—which could take a long time.
What Happens If the Appeal Succeeds
If the appeal court rules in favor of the NPA, they will seek to have Omotoso extradited back to South Africa to face the consequences of the Supreme Court of Appeal’s decision.
The NPA plans to use all the legal tools at their disposal, including bilateral treaties with Nigeria and international agreements within the Commonwealth, to make sure he comes back.
Why Timothy Omotoso Was Banned from Returning to South Africa
Omotoso’s exit came shortly after the South African Department of Home Affairs rejected his application to overturn an earlier ban that labeled him a prohibited person in the country.
According to Department spokesperson Siya Qoza, Minister Leon Schreiber decided that Omotoso was in South Africa illegally.
Because of this, Omotoso was declared an undesirable person, which means he is banned from returning for five years.
After those five years, he would have to officially apply to lift that prohibition.
The Department of Home Affairs emphasized their commitment to enforcing the law fairly and firmly.
The Background of the Controversial Case
Back in April, after a lengthy trial spanning eight years, Omotoso and his two co-accused—Lusanda Sulani and Zukiswa Sitho—were acquitted of charges including rape, sexual assault, and human trafficking. This verdict caused a huge public outcry.
Many activists, civil society groups, and politicians questioned the role of the NPA, expressing frustration that justice was not served for the victims of these serious gender-based crimes.