The National Prosecuting Authority (NPA) has announced its intention to challenge the court’s decision to clear Nigerian pastor Timothy Omotoso of sex trafficking and related charges, a move that could interrupt plans to deport him over immigration violations.
NPA wants another go at Timothy Omotoso sex trafficking acquittal
In a media statement issued on Tuesday, 13 May 2025, the NPA confirmed that it will appeal the judgment made by Judge Irma Schoeman in the Eastern Cape Division of the High Court in Gqeberha on 2 April 2025.
Omotoso and his co-accused had been acquitted of multiple charges including rape, human trafficking, and racketeering.
“The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process,” said Barry Madolo, the Director of Public Prosecutions in the Eastern Cape.
According to the NPA, this decision follows a detailed review by a team of senior prosecutors and a legal opinion from a senior counsel.
In South African law, once a person is found not guilty (also called an acquittal), the state cannot appeal just because it disagrees with the decision. The law only allows an appeal if the state believes the judge made a mistake in how the law was applied — not because of disagreement over the facts.
This is done under a law called Section 319 of the Criminal Procedure Act.
As part of the appeal process, the NPA has already filed papers asking the judge to explain her findings. Once that explanation is given, the NPA will formally ask the court for permission to appeal the acquittal.
How this affects Omotoso’s immigration case
This new legal development affects Omotoso’s immigration case. He was arrested on Saturday, 11 May 2025, by police and immigration officials in East London for allegedly being in South Africa without valid documents. The Department of Home Affairs wants him deported.
Under South African immigration law, a person who is in the country illegally can be detained and deported.
The Department of Home Affairs says Omotoso overstayed his legal stay in South Africa and had already been declared a prohibited person. Omotoso’s lawyer, however, argues that the arrest was not valid because he was still within the legal timeframe to appeal that prohibition.
If the appeal of his acquittal goes forward, it may delay the deportation. A person who is facing serious charges, or is part of an ongoing legal matter, is usually not deported until all court processes are complete.
In simple terms, if Omotoso’s acquittal is being challenged, South African law may require that he remain in the country until that appeal is decided.
The NPA also revealed it is conducting an internal investigation into how both the original and later teams of prosecutors handled Omotoso’s sex trafficking case. The report is expected in June 2025.
Omotoso briefly appeared in the East London Magistrates Court on Monday, 12 May. The matter was postponed to Tuesday, 13 May, for further legal arguments.
During Monday’s hearing, an immigration officer testified that Omotoso was read his rights at the time of arrest. However, Omotoso’s lawyer claimed the arrest was unlawful because Home Affairs had not yet finalised its own internal appeal process.
This situation means that while Omotoso is currently in custody for immigration-related reasons, his stay in South Africa may now depend on the outcome of the NPA’s attempt to reopen the sex trafficking case.