Byline: Levhuwani Matumba
Date: 02 April 2025
The National Prosecuting Authority issued a statement after the judgement of the High Court of South Africa, Eastern Cape Division found the televangelist Timothy Omotoso and his two co-accused, Lusanda Sulani and Zikiswa Sitho not guily on the 32 charges the state indicted them on.
Luxolo Tyali, NPA Regional Spokesperson, Eastern Cape Division said, “Delivering the judgment, Judge Irma Schoeman found that trio was not guilty due to the technicality, mainly that the former prosecutors in the case acted improperly and the accused were not sufficiently cross-examined by the state. It is for that reason that the prosecuting team will study the judgement and decide which legal avenues to explore.
Since the arrest of the trio in April 2017, their trial has been protracted with numerous obstacles including interlocutory applications by the accused that even included Constitutional Court challenges.
The most resent applications were for five special entries for a mistrial and an application made on 16 January 2024, where the defence made an application for the judge to reconsider her previous judgment on the application for discharge according to Section 174 of the Criminal Procedure Act, which were successfully opposed by the state.
The delays caused some witnesses to no longer want to proceed with giving evidence as they indicated they have since moved on with their lives and are not interested in reliving their experiences in court. That has led to the reduction of the charges from 63.
In as much as the NPA does not seek to secure conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go at all lengths to give a voice to the victims by exploring all the possible avenues.”
