The State is seeking a new appeal, so the Omotoso case is far from over

THE National Prosecuting Authority (NPA) is gearing up for round two in its fight against Nigerian televangelist Timothy Omotosos rape acquittal - this time trying to take the battle all the way to the Supreme Court of Appeal.

- BRANDON NEL

On Monday next week, the case returns to the Gqeberha High Court, where the state will ask for permission to approach the appeals court in Bloemfontein to challenge parts of Judge Irma Schoeman’s ruling that cleared Omotoso and his co-accused of rape, human trafficking and racketeering earlier this year.

Omotoso’ attorney, Peter Daubermann, said he would oppose the application. He said the case should be left to rest.

The application is a standard legal procedure when the prosecution seeks leave to appeal.

In SA law, a party must first obtain the court's permission to appeal a judgment, particularly when the trial has concluded.

In this instance, the Eastern Cape Public Prosecutions Department has filed what is known as an application for the reservation of questions of law.

This step allows the state to ask the court to consider specific legal questions arising from the trial - despite the case having ended - before taking the matter to a higher court for review.