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National Director of Public Prosecutions advocate Shamila Batohi. (Phill Magakoe/Gallo Images)
- Nigerian televangelist Timothy Omotoso was acquitted of 32 charges, including rape and human trafficking, with the presiding judge blaming the prosecution for failing to prove its case beyond a reasonable doubt.
- National Director of Public Prosecutions Shamila Batohi has requested a detailed report and a transcript review to determine if an appeal is warranted.
- Justice and Constitutional Development Minister Mmamoloko Kubayi gave Batohi until Monday to explain what went wrong.
The National Director of Public Prosecutions (NDPP), advocate Shamila Batohi, has raised concerns about the adverse findings made by the Eastern Cape High Court in Gqeberha, which acquitted Nigerian televangelist Timothy Omotoso.
Omotoso, who faced 32 charges in a rape and human trafficking case, was acquitted on Wednesday. Judge Irma Schoeman laid the blame squarely at the prosecution's feet for not proving its case beyond reasonable doubt.
In a statement on Thursday, National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga said Batohi has requested a report from the Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, regarding the judgment.
"This recent judgment represents a travesty of justice that we cannot accept. The NDPP awaits the report from the DPP EC and will consider the next steps to ensure that this tragic outcome is dealt with swiftly and appropriately, based on the facts and the legal dimensions relevant to the judgment," he said.
He said they had requested the transcript of the proceedings to determine whether the criticism of the prosecution team is warranted.
"Depending on the outcome of this process, the NDPP, together with the DPP in that province, will decide on the appropriate action. The DPP in the Eastern Cape has, in the meantime, indicated that the team will study the judgment and decide whether to file an appeal," Mhanga explained.
Omotoso, the leader of the Jesus Dominion International Church, and his co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted of all charges after Schoeman criticised the State's cross-examination of the three accused, saying it "was as if the cross-examination never even took place".
READ| Prayers, cheers and tears as televangelist Tim Omotoso is acquitted after 8 years
Minister of Justice and Constitutional Development Mmamoloko Kubayi also expressed concerns about the case, saying while she noted the NPA's intent to study the judgment, she had formally requested a comprehensive report from the NDPP to understand the factors that contributed to this outcome.
"I have given the NDPP until Monday, the 7th, to provide me with a report on this matter, and I will take it forward. This concerns me deeply because many victims of GBV make tremendous efforts, often stepping out of their comfort zones, to testify," Kubayi said.
"My fear as the minister of justice and constitutional development is that this outcome might discourage many who have been brave enough to stand against the most powerful people and give testimony in court - some in the most uncomfortable ways - where they expose themselves to public scrutiny about what has happened," she added.
Kubayi emphasised the need to understand what went wrong so that corrective measures can be implemented.
"We cannot continue to protect perpetrators. We need to stand with victims. Listening to the judge was one of the most painful moments for me as a minister overseeing this portfolio. I can't avert responsibility," she said.
"I cannot absolve myself from taking accountability and being answerable to South African society. This is a moment for all of us in this portfolio to reflect and ask what we are going to do to rebuild the confidence of South Africans in the justice system. And that starts with me," Kubayi said.
Mhanga said the NPA has demonstrated its commitment to dealing effectively with gender-based violence and sexual offences.
"The NPA has a world-class special unit called the Sexual Offences and Community Affairs Unit, which is dedicated to dealing with sexual violence and related cases. The NDPP appreciates the public outrage expressed by many in response to the judgment in view of its devastating impact on the victims in this case and the fight against the scourge of gender-based violence in the country," he said.
"The NDPP is proud of the NPA's track record in providing victim-centred and professional support to victims of gender-based violence, including through the national rollout of Thuthuzela Care Centres, which over the past eight years, have provided specialised support in almost 280 000 matters (or 34 600 matters per year)," he said.
