This week, Timothy Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted of all charges related to racketeering, trafficking in persons, rape, and sexual assault. The acquittal has been described as a miscarriage of justice by gender rights groups.
Image: Raahil Sain / IOL
In the wake of the acquittal of televangelist Timothy Omotoso, clarion calls have been made on the justice system to protect victims of rape and gender-based violence after injustice has come under the spotlight.
This week, Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted of all charges related to racketeering, trafficking in persons, rape, and sexual assault.
Meanwhile, the National Director of Public Prosecutions (NDPP), advocate Shamila Batohi said they would interrogate the “failure of justice” and have sought a transcript of the proceedings - which ran over eight years.
They will consider it to determine whether the criticism of the prosecution team was warranted.
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has also since the judgment written to the NDPP, requested a report concerning the acquittal in terms of Section 33(a) of the NPA Act.
This provision enables the minister to seek clarity on prosecutorial decisions, particularly in cases of significant public interest.
During the judgment, Judge Irma Schoeman severely criticised the State for its lackluster case and pinpointed the failure of their ill-planned cross-examination of the accused.
Schoeman described the cross-examination as “desultory” and “shallow”, and said that “no thought went into it”.
Advocate Shamila Batohi, the National Director of Public Prosecutions (NDPP), said they would interrogate the “failure of justice” and have sought a transcript of the proceedings - which ran over eight years.
Image: Jonisayi Maromo / Independent Media
Crime expert Calvin Rafadi said the victims of alleged rape and human trafficking have been let down by the justice system.
Rafadi said the outcome of the matter could be put down to a lack of skill.
“It is very painful. We call on the departments to give the victims counselling because this is a very traumatic and unbelievable event. Before we cry about the lack of resources, there was a lot of money spent by the National Prosecuting Authority in this case.
“Some of these witnesses were under witness protection and money was spent on victims and witnesses who had to travel. Even if the prosecutor felt their lives were in danger in such matters, they are provided with private security.
“But for them (the NPA) not to observe or have the knowledge on how to collate the evidence and do the proper questioning in court to satisfy the court beyond reasonable doubt means there is a lack of skill,” said Rafadi.
Women’s Legal Centre spokesperson, Moenieba Abrahams, said they were devastated by the outcome.
“(We are) devastated for the survivors who bravely came forward despite threats and intimidation - only to be failed by the justice system over the past years. The verdict does not exonerate their perpetrators but is an indictment on the State. This has been a sad week for women and girls in South Africa and reflects why victims do not report violence... how can they trust a failing justice system that lets them down?” said Abrahams.
Founder of Callas Foundation and human rights defender, Caroline Peters, said: “The survivors in this case demonstrated extraordinary bravery by coming forward. Their testimonies, especially that of the young woman who was just 14 years old at the time of the alleged abuse, brought to light the horrific abuses that too many girls and women face, often at the hands of those in positions of religious or societal power.
“Yet after eight long years, we are told that justice cannot be served because the prosecutors acted improperly. This is not just a failure of process — it is a failure of protection, accountability, and of the very institutions meant to uphold justice. This verdict does not exonerate. It exposes. It exposes how survivors are re-traumatised by delays and legal wrangling... We call on the NPA to account for this failure.”
Cheryl Zondi testifying in the rape and human trafficking trial of Nigerian pastor Timothy Omotoso.
Image: File
An emotional Cheryl Zondi, who was the only complainant who took the stand during the trial, broke down in court this week after the judgment was handed down.
"Our lives have never been the same after coming out about this. One has to wonder that this is what the last eight years of our lives have come down to. The main concern wasn't knowing what he did to us, it was knowing that he was not going to stop. He is going to continue doing this to other women and girls, and that's what we wanted to stop and prevent," said Zondi.
Further attempts to speak to Zondi were not successful by deadline.
Minister Kubayi expressed her deep concern regarding how the case was handled, having noted that the judge was scathing in her judgment.
Kubayi requested the report to understand the factors that contributed to the outcome and emphasised the need for a strengthened and meticulous approach to prosecuting cases to prevent injustices.
Advocate Batohi has requested a report from the Eastern Cape DPP for the trial which dates back to 2017. The NDPP said they will carefully study the judgment when it is made available to all parties.
NPA national spokesperson, Mthunzi Mhaga, said: “The NDPP has called for a transcript of the proceedings and will consider it to determine whether the criticism of the prosecution team is warranted. Depending on the outcome of this process, the NDPP, together with the DPP EC, will decide on appropriate action. The DPP EC has, in the meantime, indicated that the team will study the judgment and decide on whether to bring an application to appeal the judgment.
“This recent judgment represents a travesty of justice that we cannot accept. The NDPP awaits the report from the DPP EC and will consider the next steps to ensure that this tragic outcome is dealt with swiftly and appropriately, based on the facts and the legal dimensions relevant to the judgment.”
chevon.booysen@inl.co.za