Read more
Minister of Justice, Kubayi, has invoked Section 33(a) of the NPA Act concerning Omotoso's acquittal.
Nigerian pastor Timothy Omotoso appears at the Gqeberha High Court on 22 January 2024. Picture: Gallo Images/Die Burger/Lulama Zenzile
Nigerian televangelist Timothy Omotoso and his two co-accused were acquitted of all charges including rape, sexual assault, and human trafficking in a ruling that has drawn widespread criticism from victims, politicians and activist groups alike.
Gqeberha High Court Judge Irma Schoeman found pastor Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, not guilty on Wednesday, stating that the prosecution had failed to prove its case beyond reasonable doubt.
The judge specifically criticised the state’s cross-examination, describing it as “poor quality” that failed to dispute the accused’s evidence.
ALSO READ: Nigerian televangelist Timothy Omotoso walks free
Cheryl Zondi, a key witness in the case, expressed her profound disappointment with the verdict.
“Our lives have never been the same after coming out about this,” Zondi said.
“The main concern wasn’t even the knowing of what he did to us. It’s knowing that he is not gonna stop. He’s gonna continue doing this to other women and other girls.”
Zondi voiced concerns that the acquittal would embolden Omotoso.
“I think things may only get worse from here. Definitely gonna be more pompous and believe that this is an act of God and it’s not,” she stated.
“I think we’re all familiar with the fact that evil prevails in this world and it’s really unfortunate.”
She also highlighted questions that remained unanswered during the trial.
“Why wasn’t your wife and your children in the house with the girls? Why were you flying women in and out of the country?” Zondi questioned.
She further asked “why was it just girls?” and “why weren’t you [Omotoso] training the boys as well?”
ALSO READ: Court rejects Omotoso’s latest bid to have evidence deemed inadmissible
The chair of the portfolio committee on justice and constitutional development, Xola Nqola, expressed “grave concern” over the outcome of the case.
“It seems the quality of the state’s case and its cross-examination failed the complainants and victims. This is an assault on the fight against gender-based violence. This is totally unacceptable,” Nqola said.
The parliamentary committee on Wednesday announced plans to summon the National Prosecuting Authority to provide an explanation for the weaknesses in their case against Omotoso.
Nqola also referenced the recent murder of community activist Pamela Mabini, who was shot dead in her car in the driveway of her home in KwaZakhele, Gqeberha. Mabini had been committed to supporting witnesses in the Omotoso case.
“With her gone, it seems we have failed our women, especially since the court referred to the poor quality of cross-examination as a contributing factor to the acquittal,” he added.
ALSO READ: NPA to decide on legal path after Timothy Omotoso walks free
Minister of Justice and Constitutional Development, Mmamoloko Kubayi on Thursday morning joined those sharing concern about the manner in which Omotoso’s case turned out.
A statement from the Department of Justice and Constitutional Development revealed Kubayi’s concerns stating that they came from shortcomings in the prosecution’s handling of the case.
The said shortcomings resulted “in a significant setback in the pursuit of justice for victims of gender-based violence and related crimes”.
“Minister Kubayi remains resolute in her commitment to the fight against gender-based violence and femicide (GBVF) and reaffirms the government’s unwavering dedication to ensuring that perpetrators of GBVFs are held accountable,” the statement read.
Additionally, Kubayi noted the NPA’s statement stating it would consider the verdict’s legal options.
As a result, the minister shared her decision to invoke Section 33(a) of the NPA Act in relation to the case.
She formally requested a comprehensive report from the National Director of Public Prosecutions to understand the factors that contributed to Omotoso being acquitted of the charges against him and his co-accused.
ALSO READ: Timothy Omotoso rape trial: Witness says Omotoso was looking for a girlfriend
Woman for Change, an activist group advocating for the rights of women and children, voiced their disapproval of the verdict.
“The government fails victims/survivors of gender-based violence and femicide every single day,” the organisation stated on social media.
“We stand with Cheryl Zondi, Pamela Mabini – the state witness in this case – who was gunned down last month in front of her home, and every other victim of Omotoso’s crimes. We believe you,” the statement continued.
ALSO READ: Another high profile whistleblower gunned down: How safe are those who speak out?
The group has launched a petition and announced plans for a demonstration at the Union Buildings on 11 April demanding that gender-based violence and femicide be declared a national disaster.
ActionSA party leader Herman Mashaba released a strongly worded statement opposing the judgment and calling for Omotoso’s deportation.
“ActionSA firmly opposes the infiltration of South Africa by dubious entrepreneurs and self-proclaimed ‘biblepreneurs’ who prey on hardworking and unsuspecting citizens,” Mashaba said.
He clarified that the party respects law-abiding foreign nationals but objects to those who engage in criminal activities.
Mashaba characterised the court’s decision as “a devastating blow to victims and a glaring indictment of our immigration services, criminal justice system, and, more specifically, the National Prosecuting Authority’s ongoing failure to deliver justice”.
The party has called for Omotoso to be barred from operating as a church leader in South Africa and for his name, along with those of his co-accused, to be added to the national sex offenders’ register.
Additionally, ActionSA is demanding that immigration authorities revoke Omotoso’s residency status and deport him to Nigeria.
“South Africa cannot be a refuge for those who exploit and harm its people,” Mashaba concluded.
NOW READ: Home Affairs deports more than 46 000 illegal immigrants in past year
Download our app
