NDPP Calls for Report on Timothy Omotoso Case Following Court's Controversial Ruling

The acquittal of the three accused in the face of such severe charges has sent shockwaves through the legal and public sectors, especially given the high-profile nature of the case.

The National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, has demanded a detailed report from the Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, regarding the judgment in the high-profile case of Timothy Omotoso, his co-accused Lusanda Sulani, and Zukiswa Sitho. The three were acquitted of 32 serious charges, including rape, racketeering, and human trafficking, by the Gqeberha High Court on Wednesday, a ruling that has sparked considerable public outrage and raised questions about the handling of the case by the prosecution.

In her reaction to the judgment, Batohi expressed serious concerns over the findings made by Judge Irma Schoeman, who heavily criticized the prosecution’s approach. Judge Schoeman's judgment noted that the prosecution’s cross-examination of the accused was "shallow" and lacked the intention to uncover the truth. This criticism contributed to the acquittal of Omotoso and his co-accused, as the judge ruled that the prosecution had failed to prove their case beyond a reasonable doubt.

The acquittal of the three accused in the face of such severe charges has sent shockwaves through the legal and public sectors, especially given the high-profile nature of the case. Advocate Mthunzi Mhaga, spokesperson for the National Prosecuting Authority (NPA), confirmed that Batohi would closely review the full judgment when it is made available to the concerned parties. Mhaga added that the NDPP had requested the complete transcript of the proceedings to assess the extent of the prosecution’s shortcomings.

“The NDPP has expressed grave concern over the adverse findings against the prosecution team, specifically the criticisms regarding the conduct of the trial. We intend to carefully study the judgment and determine whether the criticism of the prosecution’s handling of the case is justified,” Mhaga explained.

As part of the process, Batohi will evaluate whether any corrective action should be taken, including the possibility of reviewing the handling of the case or even seeking an appeal. The Eastern Cape DPP has already signaled that the team will review the judgment and deliberate on the feasibility of an appeal. The NPA is determined to assess all angles of the case and ensure that any miscarriage of justice is appropriately addressed.

The decision has further ignited public debate, particularly in light of the broader context of gender-based violence (GBV) in South Africa. The case, which involved allegations of exploitation and abuse of young women, has drawn widespread condemnation, with many questioning how the legal system allowed the accused to walk free despite the serious charges. Advocate Mhaga emphasized that the NPA remains steadfast in its commitment to combating gender-based violence and sexual offences.

“The NPA is resolutely committed to the fight against GBV, and we continue to support victims through our dedicated Sexual Offences and Community Affairs Unit. The unit has a proven track record in handling sexual violence cases, including through the national rollout of the Thuthuzela Care Centres (TCCs), which have been instrumental in providing specialized support for victims,” Mhaga said.

In addition, Justice and Constitutional Development Minister Mmamoloko Kubayi has voiced her own deep concerns about how the case was managed by the prosecution. Kubayi expressed that the manner in which the case was handled, given its complexity and the severity of the charges, was deeply troubling. She has called for a thorough investigation into the prosecution’s actions to understand what went wrong.

“This case represents a major setback in our efforts to combat gender-based violence, and we cannot ignore the devastating impact that this judgment has had on the victims involved,” Kubayi remarked. “The prosecuting team’s conduct must be scrutinized, and steps must be taken to ensure that future cases are handled with the utmost care and professionalism.”

The decision has stirred strong reactions from civil society, especially women’s rights groups, who have demanded accountability from the NPA. Many fear that the judgment in the Omotoso case could set a dangerous precedent, undermining the fight against sexual violence in South Africa. In the aftermath of the ruling, the NPA has faced intense pressure to ensure that justice is served, not only for the victims of this case but also for the broader issue of gender-based violence.

As Batohi and Madolo await the full report from the DPP Eastern Cape, all eyes will be on the next steps the NPA takes. Many expect that the NDPP will move swiftly to assess the situation and take appropriate action, depending on the facts of the case and the legal intricacies of the judgment. The NPA’s response could prove crucial in restoring public confidence in the judicial process, especially in cases involving serious allegations of abuse and exploitation.

For now, the case continues to cast a shadow over the country’s efforts to tackle gender-based violence, leaving the victims and the public anxiously awaiting the NPA’s next move.