KEY POINTS
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The NPA is considering an appeal in the case of Timothy Omotoso, who was acquitted of sexual assault charges after spending eight years in jail.
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Public outrage over the acquittal has led to calls for justice, with victims and human rights groups expressing their dissatisfaction with the ruling.
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The NPA appointed a Senior Counsel to evaluate the case, with many hoping for a decision that upholds the rights of the victims and reinforces the fight against sexual violence.
The National Prosecuting Authority (NPA) is considering an appeal following the acquittal of Nigerian televangelist Timothy Omotoso, who was facing serious charges of sexual assault.
Omotoso, 66, was released after spending eight years in prison, along with his co-accused, Lusanda Sulani and Zikiswa Sitho, after the Eastern Cape High Court in Gqeberha ruled in their favor.
According to IOL, the decision to possibly appeal the acquittal stems from the serious implications it has on the fight against sexual and gender-based violence (GBV) in South Africa, especially as many victims and advocates are expressing dismay over the ruling.
NPA’s review and the legal process ahead for Omotoso
According to NPA spokesperson, Advocate Mthunzi Mhaga, the authority has appointed a Senior Counsel to assess whether an appeal is viable. Mhaga explained, “The team is thoroughly reviewing the transcript of the trial and the relevant decisions made in the course of the case, including the judge’s remarks about the handling of the cross-examination of the accused.” He added that the NPA would announce its decision based on the opinion provided by Senior Counsel after evaluating all the evidence and decisions in the case.
The NPA’s consideration of an appeal is based on the grave nature of the case, given its impact on public trust in the criminal justice system. “The ruling has had a negative impact on the efforts to combat sexual violence and has caused considerable harm to the survivors who were hoping for justice,” Mhaga stated.
Outrage from victims and human rights organizations
The CRL Rights Commission, a prominent organization advocating for the protection of cultural, religious, and linguistic communities, strongly condemned the acquittal, with its chairperson, Thoko Mkhwanazi-Xaluva, expressing profound disappointment.
“The NPA let us down. They let the victims down. Thousands of individuals were watching this case, hoping for justice, and what we got was a failure to properly cross-examine the accused,” Mkhwanazi-Xaluva said, highlighting the significant gap in the prosecution’s efforts.
In addition to the CRL Rights Commission, other community organizations and victims’ advocates have raised their voices, demanding action from the government and the NPA to seek justice for the victims. Many have pointed to what they perceive as a double standard in how the justice system handles high-profile cases, particularly in the fight against sexual violence.
The NPA’s decision will be watched closely, as many believe that failing to appeal the case could set a dangerous precedent for how sexual assault cases are handled in South Africa. The legal community, victims’ rights groups, and ordinary South Africans are calling for a response that acknowledges the seriousness of the issue.
This case has already sparked discussions about the judicial system’s handling of sexual assault cases, the vulnerability of survivors, and the broader issue of accountability in such high-profile trials.
