The Supreme Court of Appeal has granted the National Prosecuting Authority leave to appeal the acquittal of televangelist Timothy Omotoso.
The appeal also applies to his co-accused, Lusanda Sulani and Zukiswa Sitho.
The trio were acquitted of charges including rape, sexual assault, racketeering and trafficking in persons.
The Director of Public Prosecutions for the Eastern Cape brought the application after the High Court judgment delivered by Judge Irma Schoeman on 2 April 2025.
The SCA granted the order on 26 June 2026.
NPA welcomes ruling
The NPA welcomed the decision.
NPA spokesperson Kaizer Kganyago said the legal team filed a comprehensive application for leave to appeal under Section 319 of the Criminal Procedure Act.
He said the section allows the State to appeal a judgment by asking the trial judge to reserve a question of law for the SCA.
Kganyago said the legal team first sought clarification of factual findings from Judge Schoeman.
The team then requested the reservation of a question of law in line with relevant case law.
State turned to SCA
According to Kganyago, Judge Schoeman dismissed the initial request.
She also dismissed the later request to reserve the question of law.
The State then petitioned the Supreme Court of Appeal.
The SCA has now granted the NPA leave to appeal.
National Director of Public Prosecutions Advocate Andy Mothibi praised the legal team.
He said the case gives the SCA a chance to pronounce on important principles of criminal law and the applicable test.
Omotoso deportation noted
The NPA said it is aware that Omotoso has been deported by the Department of Home Affairs.
However, the prosecuting authority believes he can be extradited from Nigeria to South Africa if the SCA rules in its favour.
Omotoso and his two co-accused were acquitted at the end of a marathon eight-year trial.
At the time, Judge Schoeman found that the State had failed to prove its case beyond reasonable doubt.
The SCA appeal now keeps the long-running legal battle alive.