There will have been some choice words in National Prosecuting Authority (NPA) boss Shamila Batohi’s office on Tuesday after yet another fumble involving controversial Nigerian TV evangelist Timothy Omotoso.
Just hours after the NPA confirmed it would appeal Omotoso’s “bungled” acquittal on rape and human trafficking charges in the Gqeberha high court, it seems to have dropped the ball again.
On Saturday, the controversial pastor was arrested in East London when home affairs officials finally realised that his temporary visa had expired in 2017. The East London magistrate's court was on Tuesday due to hear an application for his deportation. Instead, it dismissed the case and released Omotoso.
The media was barred from attending proceedings, so the reason for his release is unclear, though Omotoso's lawyers had argued that he had been detained for more than 48 hours without being charged, thereby breaching the law.
Given these intricacies, would it not be a better option to simply have Omotoso deported, the sooner the better?
The result is that Omotoso has escaped deportation for now, and the NPA is preparing two different court appeals for one man. It is hoped that the immigration case will soon be re-enrolled and the application to have Omotoso deported is successful. But the separate appeal against his acquittal in Gqeberha on multiple rape, human trafficking and assault charges is far more complex.
After an eventful, marathon eight-year trial, judge Irma Schoeman last month found the state had not proved its case against Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho beyond reasonable doubt.
An appeal in this matter will be lengthy, costly and may not end in a different outcome. And while we all agree that the alleged victims deserve justice and closure, concerns have been raised that an appeal could also have the unwelcome side effect of causing them to re-live their trauma.
Sonke Gender Justice chairperson Bafana Khumalo told the Cape Argus that comments by Schoeman were “painfully telling as she pointed [out] the shoddy work by the prosecutors”, adding that the victims who were “violated in court” and reeling from the trauma would be asked to avail themselves again for “another episode of violation”.
Given these intricacies, would it not be a better option to simply have Omotoso deported, the sooner the better?
The NPA says it decided to appeal the ruling after getting legal advice. But its lack of resources and poor leadership has left it with egg on its face several times in the recent past after failing to secure convictions in prominent corruption cases.
Another high risk, high-profile court tussle may not end well for an agency were bungles have become all to commonplace. And where would the justice be in that?
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