NDPP Shamila Batohi steps in after acquittal of pastor Timothy Omotoso

National director of public prosecutions (NDPP) Shamila Batohi has requested a report from the Eastern Cape director of public prosecutions Barry Madolo on the judgment that acquitted Nigerian televangelist Timothy Omotoso and two others.

Omotoso, Lusanda Sulani and Zukiswa Sitho had been facing charges including rape, sexual assault and human trafficking.

In a judgment in the Gqeberha High Court, judge Irma Schoeman raised concerns about the conduct of the prosecution, finding the trio not guilty of all the charges preferred against them.

“The NDPP will carefully study the judgment when it is made available to the parties. In the meantime, she has expressed her serious concerns about adverse findings made by the judge against the prosecution team, relating to the manner in which the prosecution was conducted,” National Prosecuting Authority spokesperson Mthunzi Mhaga said.

He said Batohi had called for a transcript of the proceedings and would consider it to determine whether the criticism of the prosecution team was warranted.

“Depending on the outcome of this process, the NDPP, together with [Madolo], will decide on appropriate action. [Madolo] has in the meantime indicated that the team will study the judgment and decide on whether to bring an application to appeal the judgment.”

Mhaga said Batohi appreciated 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.

Batohi said she was 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 that for the past eight years had provided specialised support in almost 280,000 matters (or 34,600 matters per year).

“This recent judgment represents a travesty of justice that we cannot accept,” Mhaga said.

He said Batohi awaited the report from Madolo and would consider the next steps to ensure that tragic outcome is dealt with swiftly and appropriately, based on the facts.

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