Latest news with #TimothyOmotoso
News24
11 hours ago
- Politics
- News24
Which way for the NPA?
EDITORIAL: Which way for the NPA? The National Director of Public Prosecutions (NDPP), Shamila Batohi, faced an expectedly challenging appearance before the justice portfolio committee this week. While the National Prosecuting Authority (NPA) could draw some solace from last week's Supreme Court of Appeal (SCA) ruling in its favour in the Nulane case, significant concerns remain. Key issues include the NPA's mishandling of the rape case involving pastor Timothy Omotoso, as well as the Free State High Court's decision that the extradition of Moroadi Cholota - accused alongside former Free State Premier Ace Magashule in the asbestos corruption case - was unlawful. Adding to these concerns is the slow progress in prosecuting state capture cases, a point of criticism that continues to linger. With just six months remaining in Batohi's term before her expected retirement next year, questions are being raised about what lies ahead for the NPA. Notably, there has been little clarity or action from the Presidency on when the process to appoint her successor will begin. In this week's Friday Briefing, we examine the state of the NPA under Batohi's leadership. Has she delivered on her promises for reform since stepping into the role? News24's legal journalist, Karyn Maughan reflects on two cases where she argues the failure of NPA leadership to put out legal fires before they imploded fundamentally compromised the administration of justice. Casac's Lawson Naidoo explains why he believes the NPA has made some headway under Batohi's tenure. Additionally, News24's parliamentary reporter, Jan Gerber, evaluates Parliament's role in the NPA's challenges, including the impact of funding shortages on the institution. We also feature a Q&A with DA MP and former advocate Glynnis Breytenbach on what must be done to reshape the institution and restore its credibility. Lastly, advocate Lauren Kohn from the Law and Governance Academy of Southern Africa delves into the recent SCA Nulane judgment, shedding light on what it reveals about the current state of our judiciary. You can explore these perspectives and contributions in full below. Set up to fail or maliciously incompetent? What NPA losses tell us Despite high-profile court losses, prosecutions boss Shamila Batohi insists the National Prosecuting Authority (NPA) is doing a 'fantastic job'. But, Karyn Maughan writes that stance does not recognise how NPA leadership failures have jeopardised criminal accountability. here. Rebuilding justice: Nulane judgment offers redemption for the NPA While the NPA has issues that need addressing, it is difficult to agree with those who wish to portray the NPA as an institution in crisis, in need of a root and branch overhaul, argues Lawson Naidoo. Read the full contribution here. NPA crisis: A chronicle of a snafu foretold If you have been paying close attention to the National Prosecuting Authority's appearances before Parliament, as Jan Gerber has done, you wouldn't be surprised that the pawpaw has hit the fan at the prosecuting body. Read the full contribution here. Q&A with Glynnis Breytenbach | Saying NPA is 'doing a fantastic job' is 'bullsh*t' As scrutiny on the NPA intensifies after it bungled a number of high-profile cases, in-depth writer Muhammad Hussain speaks to DA MP and former prosecutor Glynnis Breytenbach on what it will take to turn the leaky ship around. Read the full contribution here. SCA Nulane judgment vindicates the rule of law and NPA's important work The real impediment to justice and equity was an affront to the rule of law perpetrated not by the National Prosecuting Authority in the Thabete case, but rather by the guardian of the rule of law itself, the judiciary – an affront that is now embodied for posterity in the Free State High Court's shockingly incorrect legal findings as set out in its judgment, writes Lauren Kohn.
News24
08-06-2025
- Politics
- News24
NPA needs a shake-up
National Director of Public Prosecutions Shamila Batohi went on a media tour, trying to explain the litany of blunders by the National Prosecuting Authority (NPA) after yet another suspect has been set free after the institution bungled the case. Moroadi Cholota, the ex-personal assistant of former Free State premier and corruption accused Ace Magashule, walked free after the Bloemfontein High Court ruled it had no jurisdiction because her extradition from the US was unlawful. The court upheld a special plea Cholota raised on the NPA's decision to haul her back to South Africa, that the justice minister, instead of the NPA, should have applied for her extradition. READ: As NPA is under fire over Cholota, Batohi announces preparations for Gupta extraditions The NPA had failed to timeously challenge an earlier ruling involving Johnathan Schultz in the Supreme Court of Appeal (SCA) to this effect, and this created a precedent that could not be overruled by a lower court. In an embarrassing episode, the NPA earlier filed notice not to challenge the Schultz ruling, then later sought to withdraw it. Ruling in the Cholota matter, Judge Phillip Loubser said the NPA must have known about the Schultz matter and the precedent it would create. This was just the latest in a series of bungles by the NPA that has allowed many accused people to go free either on technicalities or due to the sheer incompetence of prosecutors, as the judge in the Timothy Omotoso case clearly pronounced. The Nigerian evangelist accused of raping young women from his South African church was acquitted of all charges. The prosecutors were accused of mishandling the case. In a TV interview, Batohi blamed rogue prosecutors in the NPA system, but insisted that the NPA was otherwise doing a great job. The facts do not bear her out and, as she leaves her post next year, her legacy will be declining faith in the NPA and the justice system in general. Besides the prominent political cases, South Africa has been in the throes of a debilitating wave of gender-based violence, with the murder of Olorato Mongale being the latest prominent case. The two thugs responsible for Mongale's murder had earlier been released by the courts on bail after being charged with a similar kidnapping and theft case. If we had a functional criminal justice system, those two would not have been on the streets and Olorato would probably still be alive. Therefore, we expect Batohi to do more than just join the public lamentation. She is in charge of the NPA and needs to fundamentally shake up how that institution works. The hideously high crime rate in this country demands an incredibly efficient prosecuting authority, but that is not what we have at the moment. As the president gears up to appoint a new NPA head, policymakers must start a conversation about how to strengthen the justice cluster, and the NPA in particular.
Daily Maverick
01-06-2025
- Politics
- Daily Maverick
Pastor Omotoso continues legal battle over cancelled crusade venue, mayor's statements in East London
The Jesus Dominion International Church in East London and Pastor Timothy Omotoso are continuing legal action against the Buffalo City metro after mayor Princess Faku ordered the cancellation of their booking at the Orient Theatre, where Omotoso was scheduled to lead a 'New Dawn' crusade. Although Pastor Timothy Omotoso has since left South Africa, Stuart Laubscher, the Nelson Mandela Bay metro based lawyer representing The Jesus Dominion International Church in East London said he was still taking instructions from his client and intended to proceed with legal action against the metro and mayor Princess Faku over the cancellation and events leading up to Omotoso's departure from the country. In April, Omotoso was released from prison after Judge Irma Schoeman acquitted him on several charges of human trafficking and sexual assault. The charges stemmed from allegations by several young female congregants, who claimed Omotoso had sexually assaulted them in a church residence in Durban. Judge Schoeman ruled that the State had failed to prove its case, citing, among other issues, its failure to properly cross-examine Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, and to lead corroborating evidence to strengthen the case of each witness. The National Prosecuting Authority has now taken the first steps to attempt to appeal this ruling and has asked for 'clarifications' on the ruling. Following his release from prison Omotoso relocated to East London where his church, Jesus Dominion International, was still active. At the beginning of May the church planned a 'New Dawn' crusade in the city led by Omotoso. For this purpose they rented the Orient Theatre in East London for R14,575. Faku, however, ordered that the booking be cancelled and said publicly that Omotoso wasn't welcome in the city. On 10 May, the second-last day of the crusade, Omotoso was arrested in a joint operation by immigration officials and the police pending his deportation. He was declared a prohibited person in South Africa. He was released from custody though to provide him with a chance to appeal this ruling, but then left the country of his own accord on 18 May. He has been banned from South Africa for five years and should he wish to return after that he must apply for his prohibition to be lifted, according to a statement by the Department of Home Affairs. Laubscher, however, said last week that Omotoso 'didn't have to leave South Africa' but did so of his own accord. He confirmed that he was awaiting instructions on how to proceed in taking legal action against the Buffalo City metro, for cancelling the church's booking and against Faku personally. He said in a letter that their case is that the municipality – including the mayor – acted outside the scope of its power by cancelling Jesus Dominion International's booking at the Orient Theatre and the church now wanted its deposit back. 'Pastor Omotoso was acquitted of all charges in the High Court in Gqeberha. The reason for his acquittal is at this stage of no importance or relevance. Under South African law he is innocent of all charges,' he said. 'The reason they advanced infringes upon our client's rights under the South African Constitution in various ways, which does not need any further explanation as it is glaringly obvious, including but not limited to their rights to religious freedom,' he added. He added that Omotoso's reputation was damaged by Faku's statements and the municipality's actions, and their contention was that the mayor and municipal officials have abused their power. 'There is a substantial claim against the municipality (and other parties) and we are just awaiting instructions to issue summons,' Laubscher said. In a letter addressed to the metro and Faku, Laubscher said the church's booking was cancelled without justification and this constituted a 'misuse of public office and authority'. 'The booking was paid for in full and received by the municipal officials in East London and was summarily cancelled by yourself and this constitutes a breach of contract,' the letter addressed to Faku reads. He added that his client wanted the reasons for the cancellation of the booking 'in writing and not via social media'.
Eyewitness News
20-05-2025
- Politics
- Eyewitness News
Home Affairs tells Parly Omotoso can still be extradited at a later stage
CAPE TOWN - The Department of Home Affairs has told Parliament that Nigerian televangelist Timothy Omotoso hasn't gotten away completely scot free and can still be extradited at a later stage. The department has also reiterated that he can still be charged by the National Prosecuting Authority (NPA) in absentia and as an undesirable person in the country. Omotoso was deported to Nigeria on Sunday and is not permitted back for five years. ALSO READ: Minister of Home Affairs Leon Schreiber and his department were briefing the committee on a range of issues, including dealing with undocumented children as well as legal cases involving the department. Home Affairs director general Livhuwani Makhode questioned the East London Magistrates Court decision to let Omotoso walk on immigration-related charges, saying his rearrest was done correctly. He also said the NPA is well within its rights to appeal the rape and human trafficking case against Omotoso in his absence because South Africa and Nigeria have an extradition agreement. He said the minister can waive his decision declaring Omotoso undesirable to face charges. 'In this case, it would be for that person to come and face the charges they might be brought into the country for. I think we do have a very good relationship with Nigeria through the extradition agreement that has been signed by the Department of International Relations and Cooperation with the Republic of Nigeria.' Schreiber said Omotoso was in the country illegally and had to be deported despite facing an appeal.
eNCA
19-05-2025
- Politics
- eNCA
Not in My Name welcomes Omotoso's deportation
JOHANNESBURG - Nigerian televangelist, Timothy Omotoso's, exit from South Africa has sparked strong reaction across the country. READ: Omotoso deported | But is justice served? Civic organisation, NotInMyName International has welcomed the move, calling it a necessary step in holding foreign nationals accountable for violating South African laws. The group says while most foreign nationals abide by the rules, those who exploit the system should be swiftly dealt with. They're now calling on law enforcement and immigration officials to ramp up efforts in identifying and deporting individuals who pose a threat to public safety. The organisation's Themba Masango discussed this with eNCA.
