KEY POINTS
- GBV victims are devastated after Timothy Omotoso’s acquittal.
- The justice system faces intense scrutiny for failing victims.
- The NPA plans to review the case and decide on an appeal.
The acquittal of televangelist Timothy Omotoso, along with his two co-accused, has ignited outrage over the South African justice system’s failure to protect victims of gender-based violence (GBV).
After an eight-year trial, the court acquitted Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, of all charges, including racketeering, trafficking in persons, rape, and sexual assault.
Advocate Shamila Batohi, the National Director of Public Prosecutions (NDPP), acknowledged the gravity of the case’s outcome. She stated that the NPA would review the “failure of justice” and investigate whether the prosecution team’s criticism was warranted.
Justice Ministry seeks clarity on prosecutorial decisions
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, also expressed concern over the acquittal. She requested a report on the case from the NDPP, invoking Section 33(a) of the National Prosecuting Authority (NPA) Act. This provision allows the Minister to seek clarification on prosecutorial decisions, particularly in high-profile cases like this one.
According to IOL, Judge Irma Schoeman, who delivered the judgment, sharply criticized the State for its poorly executed case, citing inadequate cross-examination of the accused. Schoeman described the prosecution’s cross-examination as “desultory” and “shallow,” lacking the necessary rigor for a case of such significance.
Victims devastated by the court’s decision
The acquittal has left GBV survivors devastated, particularly those who bravely testified against Omotoso. Moenieba Abrahams, a spokesperson for the Women’s Legal Centre, condemned the verdict, describing it as an indictment on the State.
Abrahams expressed heartbreak for the survivors who faced threats and intimidation but were ultimately let down by the justice system.
Caroline Peters, founder of the Callas Foundation and a human rights defender, echoed Abrahams’ sentiment, calling the acquittal not only a failure of legal process but also a failure of protection and accountability.
She highlighted the bravery of the survivors, including a young woman who was just 14 years old at the time of the abuse. Peters emphasized that the acquittal revealed the deep flaws in how the justice system handles such cases.
Cheryl Zondi, the only complainant to take the stand during the trial, was emotionally devastated after hearing the judgment. Zondi, who had come forward despite immense personal trauma, expressed her disbelief that the eight years of her life and the suffering of other victims had culminated in this verdict.
NDPP to review and decide on potential appeal
In the wake of the acquittal, Advocate Batohi has requested a detailed report from the Eastern Cape DPP. The NDPP plans to thoroughly review the proceedings and, depending on the findings, may consider appealing the judgment.
NPA national spokesperson Mthunzi Mhaga confirmed that the NDPP is awaiting the transcript and will carefully evaluate the legal dimensions of the case before deciding on the next steps.
“This judgment represents a travesty of justice that we cannot accept,” Mhaga said, emphasizing that the NPA will take swift and appropriate action once it has reviewed the facts and the legal aspects of the case.
