Johannesburg: The National Prosecuting Authority (NPA) has announced its intention to proceed with the appeal against the acquittal of Timothy Omotoso, who was cleared of charges including rape, racketeering, and human trafficking. Omotoso left South Africa on Sunday, but the NPA confirmed that his absence will not affect the appeal process.
According to South African Government News Agency, the NPA stated that the South African legal system does not require the physical presence of an accused person during an appeal hearing. The involvement of legal teams, the Registrar of the High Court, the Supreme Court of Appeal, and the judiciary is sufficient. The NPA emphasized that Timothy Omotoso is not considered a fugitive, as there are no legal grounds preventing his departure from the country.
If the appeal is successful, the NPA plans to seek Omotoso’s extradition back to South Africa. The prosecutorial body intends to leverage all available bilateral, regional, and international cooperation treaties to facil
itate his return. These include the bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition.
At a recent media briefing, the Cabinet expressed support for the NPA’s decision to appeal Omotoso’s acquittal, along with that of his co-accused, Lusanda Sulani and Zukiswa Sitho. Meanwhile, the Department of Home Affairs has acknowledged Omotoso’s departure and is pursuing charges against him for contravening the Immigration Act.
The Department of Home Affairs took legal action against Omotoso after the Minister of Home Affairs rejected his application to overturn a previous decision that declared him a prohibited person in South Africa. The minister’s decision rendered Omotoso’s stay in the country illegal. Consequently, he was issued a notification as an undesirable person, prohibiting his return for five years. Upon the expiration of this ban, Omotoso would need to apply for the prohibition to be lifted, as per section 29 of the Immigration Act. The Department of Home Affairs reite
rated its commitment to upholding the rule of law.