By Anita Dangazele
- The NPA will appeal Omotoso’s acquittal, saying they have a strong case even though the trial was long and complicated.
- An internal investigation is also underway into both prosecution teams, with a final report expected in June.
The National Prosecuting Authority (NPA) has confirmed it will appeal the ruling in the Timothy Omotoso case, saying there are good legal reasons to challenge the acquittal.
Eastern Cape Director of Public Prosecutions, Barry Madolo, said the decision was made after a detailed review by a team of experienced prosecutors and advice from a senior legal expert.
NPA spokesperson Advocate Mthunzi Mhaga said the team took their time due to the complexity of the case and the large number of court transcripts they had to go through.
“The NPA believes there are reasonable prospects of a successful appeal despite the complexities of the legal process,” said Mhaga.
He explained that while convicted people can appeal on both facts and law, the state can only appeal an acquittal on a question of law, under Section 319 of the Criminal Procedure Act.
He said the NPA has already taken the first step by asking the judge to explain the factual findings, and they filed the necessary papers on Monday.
“Once we get the judge’s clarification, our legal team will finish the application to reserve questions of law and submit it to the High Court Registrar,” said Mhaga.
Although the law does not give a specific deadline for this process, Mhaga said the NPA plans to move quickly to avoid any delays.
At the same time, the NPA is continuing with an internal investigation into the first team of prosecutors who handled the case. That investigation began in August 2024.
Mhaga said the investigation now looks at both prosecution teams to see if anyone should face discipline.
“The NPA has brought in extra staff to help with the investigation because of its size,” he said. “We expect the final report in June.”
Pictured above: Timothy Omotoso.
Image source: Anita Dangazele.
