Atlholanang William Mosiane, a traffic officer, confessed to shooting his partner, 35-year-old Dimpho Motlodi, five times in front of their young son in Tlhabane in March 2021. He later handed himself over to police, pleaded guilty, and in November 2023 was given a life sentence.

But in May this year, just over a year into that sentence, Mosiane successfully appealed his conviction. The appeal argued that his trial was invalid because it had been held without court-appointed assessors, as required by law in certain cases.

The North West High Court agreed, ruling that the original court had not been properly constituted. Judges set aside both the conviction and the sentence, ordering Mosiane’s immediate release.

A Shocking Encounter

The news came as a shock to Dimpho’s parents — not through official channels, but when her father unexpectedly saw Mosiane walking in Rustenburg two months later.

“We knew that he got a life sentence, so we are in a state of shock,” said her mother, Winnie, 62. “For two years we went up and down in court. We don’t even know what steps to take. We are tired.”

Legal Loophole

During his trial, the magistrate had asked Mosiane’s lawyer whether assessors were necessary. The lawyer replied “not necessary,” and the matter was not pursued further. On appeal, Mosiane argued that he had not been fully informed about the legal implications of waiving assessors.

The high court accepted this argument, declaring the proceedings invalid.

For Dimpho’s family, the decision has reopened wounds they were struggling to heal. “The court’s decision has shattered us,” Winnie said.

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The National Prosecuting Authority (NPA) has confirmed that it will move forward with its appeal following the acquittal of Timothy Omotoso, despite his departure from South Africa on Sunday, 18 May.

Omotoso, a controversial figure, left the country amid ongoing legal proceedings, but the NPA insists this will not derail their efforts.

According to NPA National Spokesperson Adv Mthunzi Mhaga, the South African legal system does not require the presence of an accused person for an appeal to proceed. The appeal will involve legal teams from both sides, the Registrar of the High Court, and the Supreme Court of Appeal (SCA) as the judiciary.

Mhaga emphasized that Omotoso’s departure does not classify him as a fugitive from justice, as there are no legal grounds to prevent his exit. However, his absence means he is no longer in the country to witness the appeal’s outcome, which may take time to resolve.

Should the SCA rule in favor of the NPA, the authority plans to utilize bilateral and international cooperation treaties, including extradition agreements with Nigeria and the Commonwealth Scheme, to ensure Omotoso is returned to South Africa to face justice.

The NPA remains committed to pursuing the case, underscoring its dedication to upholding the law and seeking justice for all involved parties.

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Omotoso, a televangelist and head of the Jesus Dominion International church, was accused by nearly 20 women of sexual abuse, with several alleging rape. The case, widely followed since 2017, became a symbol of South Africa’s broader struggle with sexual violence. Some of the alleged victims were still minors when the reported assaults occurred.

Although the court found Omotoso’s version of events questionable, the judge ruled that the prosecution’s mishandling of the case made a conviction impossible. The decision prompted public protests outside the courthouse in Gqeberha (formerly Port Elizabeth), where many expressed frustration over the outcome.

Following the acquittal, Omotoso, 66, was arrested again — this time for immigration-related offences. He is also facing separate charges, including human trafficking.

The National Prosecuting Authority (NPA) maintains that there is a strong basis for an appeal and has launched an internal review into the conduct of the legal teams involved. A full report is expected in June, and disciplinary measures may follow if any wrongdoing is uncovered.

Omotoso’s church, which operates branches in South Africa, Nigeria, and Israel, has not commented publicly on the developments.

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