Justice Committee Slams Omotoso Acquittal, Calls for NPA to Address Weaknesses

Judge Schoeman ruled that the prosecution, led by the National Prosecuting Authority (NPA), failed to prove the guilt of the accused beyond a reasonable doubt.

The acquittal of televangelist Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, on 32 serious charges, including rape, human trafficking, racketeering, and other grave offenses, has raised significant concern within South Africa's Justice Committee. The Gqeberha High Court ruling, delivered by Judge Irma Schoeman on Wednesday, has sparked a wave of criticism, with many seeing it as a setback in the battle against gender-based violence (GBV) and systemic abuse.

Judge Schoeman ruled that the prosecution, led by the National Prosecuting Authority (NPA), failed to prove the guilt of the accused beyond a reasonable doubt. According to the judge, the evidence presented was insufficient, citing poor cross-examination of witnesses and the improper conduct of former prosecutors. The decision has sent shockwaves throughout the country, with many expressing outrage over what is perceived as a failure of justice.

The Justice Committee, chaired by Xola Nqola, has expressed strong disapproval of the verdict. Nqola labeled the acquittal an "assault on the fight against gender-based violence," emphasizing the deep impact it has on victims of such crimes. He pointed out the broader societal implications, especially in a country already grappling with a high prevalence of GBV and femicide. Nqola added, “This is totally unacceptable. We need the National Prosecuting Authority to explain the weaknesses in the team and the case they presented."

In addition to the disappointment surrounding the acquittal, the timing of the ruling has raised further concerns. The acquittal comes shortly after the tragic murder of community activist and whistleblower Pamela Mabini, who had been vocal in supporting the victims and witnesses in the Omotoso case. Mabini was fatally shot in her car in the driveway of her home in KwaZakhele, Gqeberha, an event that has further fueled the sense of injustice. Mabini's death is seen by many as part of a wider pattern of intimidation against those involved in exposing corruption and abuse. Her commitment to helping the victims, especially the young women allegedly trafficked by Omotoso, has been widely praised by those who have followed the case closely.

Nqola’s comments were particularly poignant as he highlighted the failure to provide effective cross-examination as a contributing factor to the acquittal. “With her gone, it seems we have failed our women, especially since the court referred to the poor quality of cross-examination as a contributing factor to the acquittal,” he stated. This failure, he argued, has left many questioning the capacity of the state to prosecute high-profile cases involving powerful figures.

The National Prosecuting Authority, in response to the verdict, expressed its deep concern over the judgment. In a statement, the NPA confirmed it was studying the ruling carefully and would consider all legal options. “The trio was acquitted due to a technicality, mainly the improper actions of former prosecutors and inadequate cross-examination of the accused,” the NPA said. The authority further affirmed its commitment to seeking justice for the victims of Omotoso and his co-accused, stating that while they do not aim to secure convictions at all costs, they are determined to ensure that justice prevails.

“We remain committed to ensuring justice is served for the victims of crime and will go to all lengths to give a voice to the victims by exploring all possible avenues,” the statement continued. The NPA has yet to confirm whether they will appeal the decision or pursue a retrial, though the case continues to spark discussions about the effectiveness of the South African justice system in handling cases of this magnitude.

Omotoso, a prominent pastor with a large following, was initially arrested in 2017 after allegations emerged that he had lured young women under the guise of providing spiritual guidance, only to exploit and abuse them. Over the course of the trial, the victims' testimonies painted a harrowing picture of manipulation, coercion, and abuse by Omotoso and his co-accused. Despite the shocking nature of the allegations, the prosecution's case faced multiple setbacks, including the failure to secure crucial witness testimonies and the absence of key evidence. The NPA's handling of the case has come under scrutiny, with critics pointing to a lack of preparedness and the failure to properly examine the evidence.

Omotoso's acquittal has sent ripples through the country’s legal and civil society landscape. Gender-based violence activists, social workers, and legal experts have all voiced concerns about the broader implications of the ruling, warning that it may undermine public confidence in the justice system’s ability to hold powerful individuals accountable. Many fear that the outcome of the case could have a chilling effect on other victims of abuse, discouraging them from coming forward and seeking justice.

The case has become emblematic of the ongoing struggle to address systemic gender-based violence in South Africa, a country that consistently ranks among the highest in the world for incidences of femicide and sexual violence. Despite the public outrage and the political pressure to revisit the case, the path forward for the NPA remains unclear, as the focus now shifts to whether they will pursue further legal avenues or allow the acquittal to stand.

As this saga continues to unfold, questions remain about the future of the fight against gender-based violence in South Africa and the capacity of the justice system to protect and support victims in high-profile cases.