'Devastating blow to rape survivors': NPA slammed over handling of Omotoso case

The National Prosecuting Authority (NPA) has received backlash over the handling of the case of Nigerian televangelist Timothy Omotoso after he was found not guilty of rape and human trafficking, among others.

The Gqeberha high court ruled in favour of Omotoso and his co-accused on Wednesday after an eight-year legal battle.

They were accused of grooming, trafficking and sexually assaulting young women and girls, some as young as 14.

Judge Irma Schoeman, who delivered the judgment, said the cross examination of the accused was of poor quality and the state failed to prove the case beyond reasonable doubt. This sparked outrage among South Africans and political parties with many criticising the justice system.

The EFF said the NPA had failed victims of sexual violence. “Already victims of sexual violence in South Africa face enormous obstacles in seeking justice,” spokesperson Sinawo Thambo said.

“Many fear reporting crimes due to intimidation and victimisation by police, while others are dismissed and mistreated by nurses when they seek medical assistance after being assaulted. Even when cases are reported, only a fraction ever make it to the prosecution stage.

“For the NPA to then handle such a high-profile case with such incompetence is not only devastating but deeply discouraging for survivors. If the state cannot take these cases seriously, victims will have even less reason to trust the justice system, and perpetrators will continue to act with impunity.”

He said the acquittal of Omotoso and his co-accused is another “devastating blow” to rape survivors.

“This ruling is not just a failure of the courts, it is an indictment of a prosecution that mishandled a critical case, ultimately allowing an alleged sexual predator to walk free.”

ATM leader Vuyo Zungula called on parliament to summon National Director of Public Prosecutions Shamila Batohi to provide a full account of the NPA's handling of the case.

“This case should have been handled with the highest level of diligence and prosecutorial competence. However, the manner in which it was managed raises serious questions about prosecutorial strategy, the safeguarding of witnesses, and the overall effectiveness of the NPA in delivering justice,” Zungula said.

Other cases, such as the alleged rape of a seven-year-old pupil in the Eastern Cape, have also raised questions about the justice system when it comes to protecting victims.

ActionSA leader Herman Mashaba has called for the immediate deportation of Omotoso: “He must never again be allowed to operate as a church leader in South Africa. His name, along with those of his alleged victim recruiters, Zukisa Sitho and Lusanda Sulani, must be added to the national sex offenders’ register. They should never again be permitted to work in environments where they have access to vulnerable women and children.” 

Meanwhile, the NPA said it would study the judgment and decide which legal avenues to explore to ensure justice is served.

“Delivering the judgment, judge Schoeman found that the trio was not guilty due to the technicality, mainly that the former prosecutors in the case acted improperly and the accused were not sufficiently cross-examined by the state,” NPA spokesperson Luxolo Tyali said.

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