Nigerian pastor Timothy Omotoso and his co-accused walk free after the court finds the state’s case lacking.
Image: Independent Newspapers
The Chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola, expressed concern over the acquittal of Nigerian televangelist Pastor Timothy Omotoso and his co-accused.
They were faced with charges including rape, sexual assault, and human trafficking.
Gqeberha High Court Judge Irma Schoeman on Wednesday found Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, not guilty, citing that the State had failed to prove its case beyond a reasonable doubt.
“The cross-examination was shallow and lacking the attention to uncover the truth,” Schoeman said in her ruling.
Nqola noted that the State’s cross-examination was “poor quality,” a criticism echoed by Schoeman, who stated that the cross-examination failed to dispute the accused’s evidence.
This failure, according to Schoeman, led to the necessity of no corroborative witnesses and ultimately resulted in the acquittal.
Nqola condemned the outcome as an assault on the fight against gender-based violence, calling it “totally unacceptable” and stressing that the National Prosecuting Authority (NPA) must explain the weaknesses in its case.
“We need the National Prosecuting Authority (NPA) to explain the weaknesses in the team and the case they presented," he said.
Furthermore, the tragic assassination of community activist Pamela Mabini, who had been supporting witnesses in the case, added to the frustration.
“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,” Nqola said.
He affirmed that the committee would summon the NPA to brief it on the matter.
The Economic Freedom Fighters (EFF) also condemned the acquittal, expressing profound disappointment at the justice system’s failure to hold Omotoso accountable.
The party emphasised the devastation felt by survivors who had come forward over the course of the eight-year legal battle, only to see their pursuit of justice thwarted.
“The acquittal of Nigerian evangelist Timothy Omotoso and his co-accused is yet another devastating blow to survivors who bravely came forward seeking justice,” said the EFF in a statement.
The party criticised the prosecution’s handling of the case, noting that the NPA’s failure to challenge the accused’s version of events contributed to the acquittal.
The EFF pointed out the significant emotional toll on witnesses, many of whom withdrew from the case after years of delays, weakening the overall case.
“This ruling is not just a failure of the courts; it is an indictment of a prosecution that mishandled a critical case,” said EFF spokesperson Sinawo Tambo. The prolonged trial further exacerbated the miscarriage of justice, leaving victims discouraged and disillusioned.
The party also called for judicial reforms to prevent such protracted trials in the future, noting the deep cracks in South Africa’s justice system when it comes to protecting victims of sexual violence.
The EFF highlighted that many survivors of gender-based violence face tremendous obstacles in seeking justice, including intimidation, mistreatment, and a system that too often fails to deliver accountability.
Moreover, the EFF condemned the rise of cult-like institutions masquerading as religious organisations, which the party believes enable sexual predators to operate with impunity. They stressed the need for a specialised approach to investigate and prosecute crimes within religious institutions, ensuring they are not exploited for abuse.
While the EFF welcomed the imminent deportation of Omotoso, they urged the Nigerian government to monitor him closely to prevent him from continuing his predatory behavior.
"We strongly urge the Nigerian government to monitor him closely. His acquittal, facilitated by prosecutorial failures, may embolden him to continue his predatory behaviour in Nigeria," the party said.
The EFF reiterated its commitment to justice, demanding accountability not just for Omotoso, but also for the victims of gender-based violence like Cwecwe, a case the party continues to advocate for in Parliament.
hope.ntanzi@iol.co.za
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