Mmamoloko Kubayi Requests Full Report from NPA on Omotoso Acquittal

While the National Prosecuting Authority (NPA) has publicly stated that they will study the judgment, Minister Kubayi has taken a more proactive stance.

Justice and Constitutional Development Minister Mmamoloko Kubayi has invoked Section 33(a) of the National Prosecuting Authority (NPA) Act, requesting a comprehensive report from the National Director of Public Prosecutions (NDPP) following the acquittal of Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, by the Gqeberha High Court. The three were acquitted on Wednesday of 32 serious charges, including rape, human trafficking, and racketeering, after a trial that lasted several years.

In a statement issued on Thursday, the Ministry emphasized Minister Kubayi’s commitment to the fight against gender-based violence (GBV) and femicide, stating that this acquittal represents a major setback in the pursuit of justice for victims of such crimes. The Minister called the outcome of the case deeply concerning, noting the significant implications it could have on efforts to hold perpetrators of GBV accountable.

The Gqeberha High Court ruling was delivered by Judge Irma Schoeman, who criticized the prosecution’s handling of the case. In her judgment, Schoeman pointed out the inadequacies in the state’s case, particularly the lackluster cross-examination of the accused. Judge Schoeman described the prosecution’s approach as “shallow” and lacking a genuine intent to uncover the truth. She expressed that the quality of the state’s evidence was not sufficient to meet the high burden of proof required to secure a conviction. As a result, the court acquitted Omotoso, Sulani, and Sitho on all charges.

While the National Prosecuting Authority (NPA) has publicly stated that they will study the judgment, Minister Kubayi has taken a more proactive stance. According to the Department of Justice, she has formally invoked Section 33(a) of the NPA Act, which allows the Minister to request an explanation from the NDPP regarding the factors that led to the acquittal. The Minister has demanded a thorough report outlining the reasons for the prosecution’s apparent shortcomings, and what measures will be put in place to prevent such outcomes in the future.

Minister Kubayi’s decision comes amidst growing concerns about the effectiveness of the justice system in prosecuting gender-based violence cases. This case has highlighted critical issues in the prosecution’s handling of sensitive and high-profile GBV-related cases, raising questions about the ability of the system to ensure justice for victims.

In response to the acquittal, Minister Kubayi reiterated the government’s commitment to improving the prosecution of gender-based violence cases, stressing the importance of a meticulous and rigorous approach to ensure that perpetrators of GBV and related crimes are held accountable. The Minister has called for more resources, better training, and an enhanced focus on achieving successful convictions in cases involving gender-based violence, human trafficking, and other serious crimes.

The acquittal of Timothy Omotoso, a Nigerian pastor who faced multiple charges of sexual assault and trafficking, and his co-accused, has drawn attention to the significant challenges faced by the justice system in South Africa when dealing with complex, high-profile cases involving gender-based violence. Despite the court’s ruling, Minister Kubayi has emphasized that the fight against gender-based violence will continue unabated, with the government remaining steadfast in its mission to secure justice for victims and ensure that offenders are brought to justice.

The Department of Justice has vowed to continue engaging with the NPA to review the judgment and ensure that measures are implemented to strengthen the prosecution’s approach in future GBV cases. The Minister has also reaffirmed her commitment to ensuring that the government remains a strong and resolute force in the fight against gender-based violence, calling on all stakeholders to unite in their efforts to combat this pervasive issue in South Africa.