KEY POINTS
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The NPA’s mishandling of the Timothy Omotoso case, marked by prosecutorial misconduct and poor oversight, has intensified calls for Batohi’s accountability and institutional reform.
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South Africa’s GBV crisis remains exacerbated by low conviction rates and perceived legal incompetence, deterring survivors from seeking justice.
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Civil society urges holistic measures, including specialized GBV courts and stricter oversight of religious institutions, to restore public trust.
National Director of Public Prosecutions (NDPP) Shamila Batohi faced fierce condemnation in parliament on Friday over the National Prosecuting Authority’s (NPA) bungled prosecution of Nigerian televangelist Timothy Omotoso, whose acquittal in a high-profile sexual assault case has reignited scrutiny of South Africa’s justice system.
The Gqeberha High Court’s dismissal of charges against Timothy Omotoso—accused of 63 counts including rape, human trafficking, and sexual assault involving over 30 victims—has been labeled a “catastrophic failure” by lawmakers, compounding public outrage over systemic gaps in addressing gender-based violence (GBV).
Batohi, addressing the justice portfolio committee, acknowledged the outcome was “unimaginably devastating for the victims” but defended the NPA’s adherence to legal protocols. “We serve the people, and this judgment undermines our efforts to combat GBV,” she stated, revealing internal reviews identified critical lapses, including lead prosecutor Advocate Nceba Ntelwa’s concealment of contradictory witness statements and improper WhatsApp communications with a complainant.
Asides the chaos at the parliament, Judge Irma Schoeman’s ruling highlighted Ntelwa’s “irregular conduct” and questioned his grasp of rape definitions, further eroding confidence in the prosecution’s competence.
Systemic flaws exposed as GBV survivors lose faith in legal recourse
The debacle at the parliament underscores chronic challenges within the NPA, including inadequate mentorship and oversight. DA MP Glynnis Breytenbach lambasted Batohi’s leadership, arguing the prosecution team “started off badly, proceeded poorly, and ended spectacularly poorly.” ANC MP Xola Nqola echoed this, stressing Batohi’s detachment from the case enabled ethical breaches: “Had you monitored the team, you’d have seen Ntelwa’s misconduct—deleted WhatsApp messages, hidden statements. This is an assault on our fight against GBV.”
South Africa’s GBV crisis, where a femicide occurs every three hours, amplifies the trial’s symbolism. Civil society groups like #NotInMyChurch note Omotoso’s acquittal mirrors broader failures—only 8% of reported raresult in convictions.
Sowetanlive reports that the Commission for Religious and Linguistic Rights (CRL) has long warned of unchecked abuse in religious institutions, yet cases like Omotoso’s reveal institutional inertia.
The NPA’s pledge to appeal offers little solace to activists. “Survivors already fear stigma; now they see even high-profile cases collapse,” said Women’s Legal Centre attorney Bronwyn Pithey. Meanwhile, the EFF demands Omotoso’s deportation, citing his re-arrest for visa violations as evidence of systemic negligence.
