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The NPA has instituted interventions in response to pastor Timothy Omotoso's acquittal.
National Director of Public Prosecutions (NDPP) Shamila Batohi. Picture: Gallo Images / Phill Magakoe
National Director of Public Prosecutions (NDPP) Shamila Batohi says the National Prosecuting Authority (NPA) is working around the clock to conclude investigations into the state’s mishandling of the rape case involving Nigerian pastor Timothy Omotoso.
Batohi was speaking at the launch of the Phuthaditjhaba Thuthuzela Care Centre (TCC) at Elizabeth Ross Hospital in the Free State on Wednesday.
The new facility is the fifth of its kind in the province, joining others in Bloemfontein, Bethlehem, Sasolburg and Welkom.
TCCs serve as one-stop centres offering integrated services to victims of gender-based violence (GBV), including psychosocial support, medical assistance, and legal aid before trial.
During her address, Batohi reflected on the Eastern Cape High Court’s recent acquittal of Omotoso and his two co-accused, a decision she acknowledged has significantly set back the fight against GBV.
“There is no denying that the court’s decision in the Omotoso matter has had a devastating impact on our fight against GBV, but more importantly, we must spare a thought for the victims.”
“One cannot imagine what they have gone through having to courageously testify against someone who was revered as greater than God.”
“As the justice system, we need to understand what it takes for victims to speak out in those extremely difficult circumstances,” she said.
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Batohi stressed that the NPA was “left stunned” by the outcome of the trial, noting the case’s complexity and lengthy duration.
“It’s an emotional matter. It has received a lot of public attention. It’s a case that took eight long years, primarily because of interlocutory applications by the accused in this matter,” the NDPP remarked.
She assured the public that accountability would follow.
“We will leave no stone unturned to get to the bottom of what happened in this matter.”
Batohi revealed that the NPA had instituted interventions in response to the Omotoso ruling.
The first involves a special team, led by Special Director of Public Prosecutions (SDPP) Bonnie Currie-Gamwo.
The team comprises members of the Sexual Offences and Community Affairs (SOCA) Unit, two experienced prosecutors from outside the Eastern Cape division, and external junior and senior counsel.
Their task is to explore potential grounds to appeal the judgment.
“This work has started, and I am hoping that before the end of this week at latest or the Tuesday after the Easter weekend, we will have a decision with regard to whether we are going to appeal this matter or not,” she explained.
READ MORE: Inquiry to probe failings in Timothy Omotoso rape case on the cards
The second intervention also falls under Currie-Gamwo’s leadership.
This team is tasked with reviewing the performance of the prosecutors who handled the Omotoso matter.
Batohi clarified that two different prosecution teams were involved during the lengthy case.
The first team was removed following the judge’s criticism from three years ago about the prosecutors’ alleged influence on state witnesses.
That team has been under investigation by the NPA since August last year.
“I am hoping to get a report on that fairly soon.”
She explained that the second prosecution team, which had taken over the case after the first was removed, came under scrutiny during the acquittal of Omotoso and his co-accused.
According to Batohi, a forthcoming report will assess whether these prosecutors require further training or if disciplinary measures should be considered.
“I want us not to jump the gun. Please allow these processes to continue. You have my assurance that we are fast-tracking them and making sure we put all effort into ensuring that we deal with this.”
While acknowledging the seriousness of the Omotoso judgment, Batohi also stressed that the justice system continues to see successful prosecutions of GBV and sexual violence cases, with many perpetrators receiving lengthy prison sentences.
However, she cautioned that prosecutions alone would not solve the broader issue of GBV in South Africa.
“This is a systematic issue. It’s not just the responsibility of law enforcement to deal with sexual and GBV cases.
“Let me give you the bad news… investigations and prosecutions are not going to solve the sexual and GBV problem in our country.
“It’s critical and important that we put everything to ensuring justice for victims that come forward.”
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