Gqeberha – The legal battle involving Nigerian televangelist Timothy Omotoso is far from over. In a major victory for the National Prosecuting Authority (NPA), the Supreme Court of Appeal (SCA) has granted the state leave to appeal the controversial acquittal of the controversial pastor. The decision, handed down this week, means that the man who once claimed a "man of God cannot go to jail" may soon find himself back in a South African courtroom.
The SCA's ruling comes as a massive relief to the many complainants who shared harrowing accounts of abuse during Omotoso's seven-year trial. In April 2025, Judge Irma Schoeman had acquitted Omotoso and his two co-accused, Lusanda Solani and Zukiswa Sitho, on 32 charges including rape, sexual assault, and human trafficking. At the time, the verdict was met with widespread public outcry and a sense of betrayal among the victims.
However, the NPA refused to let the matter rest. They argued that Judge Schoeman had made several errors in law when she delivered her judgment. While the High Court initially blocked the NPA's attempt to appeal, the Supreme Court of Appeal in Bloemfontein has now stepped in, paving the way for a full bench of five judges to reconsider the case.
The case against Omotoso and his co-accused centered on activities at the Jesus Dominion International Church in Durban. Complainants described a predatory pattern where young women were allegedly groomed, drugged, and sexually assaulted by the pastor, who they viewed as a mentor and father figure. Some testified to being forced to massage his feet and witnessing him pray for forgiveness after the alleged rapes.
In her original judgment, Judge Schoeman noted that she did not necessarily disbelieve the complainants. However, she ruled that the state had failed to prove its case beyond a reasonable doubt, citing prosecutorial misconduct and a lack of certain evidence, such as text messages. The NPA's appeal is expected to focus on these legal interpretations and whether the judge failed to correctly apply the principles of criminal law.
The news of the successful appeal bid has been welcomed by gender-based violence activists and the legal community. Advocate Andy Mothibi, the National Director of Public Prosecutions, commended the legal team's persistence. He stated that the SCA's decision is an opportunity for the country's highest court to pronounce on important principles of law and is a "step in the right direction in pursuing justice for the victims."
But there is a significant hurdle in the way of a potential new trial: Timothy Omotoso is no longer in South Africa. Following his acquittal in 2025, the Department of Home Affairs declared him an "undesirable person" and banned him from the country for five years. He subsequently left South Africa of his own accord and is believed to be in his home country of Nigeria.
The NPA, however, remains undeterred. Spokesperson Kaizer Kganyago confirmed that the authority knows where Omotoso is and will move for his extradition if the appeal is successful. "The NPA holds the view that once the Supreme Court of Appeal rules in the NPA’s favour, he can be successfully extradited from Nigeria into South Africa," Kganyago said.
The Minister of Justice, Mmamoloko Kubayi, has also informed Parliament that the Department of Home Affairs is prepared to waive the five-year ban on Omotoso to facilitate his return for trial. This high-level cooperation between government departments underscores the significance of the case and the state's determination to see it through to the end.
Omotoso's long-time advocate, Peter Daubermann, has confirmed that he has been briefed to oppose the NPA's appeal. Daubermann has been a central figure in the case, often clashing with prosecutors and the public during the long-drawn-out trial. When asked about his client's current whereabouts, Daubermann declined to comment, maintaining the wall of secrecy that has often surrounded the pastor's movements.
The Omotoso trial was one of the longest and most expensive in South African history. Omotoso himself spent eight years in jail awaiting trial after his dramatic arrest at Gqeberha’s Chief Dawid Stuurman International Airport in 2017. The prospect of the case being reopened means that the victims, some of whom have spent nearly a decade seeking justice, may have to relive their trauma once again.
In addition to the criminal charges, Omotoso has also been flagged by the Special Investigating Unit (SIU) in its investigation into corruption at the Department of Home Affairs. A recent SIU report alleged that he used fraud and misrepresentation to gain entry and residence in South Africa, further tarnishing his reputation.
As the legal wheels begin to turn again, the eyes of the nation will be on the Supreme Court of Appeal. The outcome of this appeal will not only determine the fate of Timothy Omotoso but will also send a powerful message about the South African justice system's ability to handle complex cases of sexual violence and human trafficking.
For the survivors, the SCA's decision is a glimmer of hope in what has been a long and dark journey. Their bravery in coming forward and sharing their stories has been the driving force behind the state's persistence. The hope now is that the legal process will finally deliver the accountability they have been fighting for.
The story of Pastor Timothy Omotoso is a stark reminder of the power dynamics that can exist within religious institutions and the vulnerability of those who seek guidance from charismatic leaders. It is a case that has touched the hearts of many South Africans and one that will continue to be a focal point of the national conversation on justice and human rights.
The next steps in the legal process will involve the filing of formal papers and the setting of a date for the appeal hearing in Bloemfontein. Until then, Timothy Omotoso remains a free man in Nigeria, but the shadow of the South African justice system is once again looming large over his future. The "man of God" who thought he was untouchable may soon find that the law has a very long reach indeed.
