Minister Mmamoloko Kubayi has confirmed that she has received a report from Shamila Batohi over the recent acquittal of Nigerian pastor Timothy Omotoso and his co-accused in a high-profile case involving serious charges of sexual assault and human trafficking. Omotoso and his co-accused were acquitted by the High Court in the Eastern Cape.
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JUSTICE and Constitutional Devel-opment Minister Mmamoloko Kubayi has received a report from the National Director of Public Prosecu-tions (NDPP), Shamila Batohi into circumstances that led to the acquit-tal of Nigerian televangelist, Timothy Omotoso.
This comes after the Cultural, Religious and Linguistic (CRL) Commission, alongside the Commission for Gender Equality (CGE) and the South African Human Rights Commission (SAHRC) on Thursday jointly announced the establishment of an inquiry to probe systemic failures in the justice system.
The three Chapter 9 institutions have indicated that they are not satisfied by the recent judgment by the High Court in the Eastern Cape which acquitted the rape-accused pastor of more than 32 charges of rape and human trafficking.
For more than eight years, the 66-year-old pastor and his two-co-accused, Lusanda Sulani and Zikiswa Sitho, faced multiple charges including racketeering, trafficking in persons, rape, and sexual assault, with Judge Irma Schoeman revealing that the previous prosecutors had acted improperly and had failed to cross-examine the accused adequately.
Speaking during a joint briefing held at the SAHRC offices in Braamfontein Thursday, CRL chairperson Thoko Mkhwanazi-Xaluva indicated that they will also engage with the National Prosecuting Authority over its handling of the case.
Mkhwanazi-Xaluva said: "The recent judgment highlighted the failures... in the system. If this is not addressed, it will undermine all efforts taken by the broader society to address the issues of GBV. Against the backdrop of this judgment, we are not convinced that justice was done on this matter.
"It is therefore imperative that we independently, interrogate the gaps highlighted in the judgment and then recommend measures that must be introduced to ensure that this does not similarly recur. To this end, the commission will jointly conduct an inquiry into the processes that led to the outcome of this and other cases."
Mkhwanazi-Xaluva indicated that the inquiry headed by the three Chapter 9 institutions will rely on the testimonies of various experts and witnesses as it gathers its evidence.
"Several institutions and individuals will be called upon by the inquiry within the next few months to investigate the whole process," she added.
However, Mkhwanza-Xaluva indicated that the recent acquittal of Omotoso has not done much to instill confidence in the millions of GBVF victims in the country who will be left discouraged from coming forward.
Following their controversial acquittal, last week Kubayi, invoked Section 33(a) of the National Prosecuting Authority (NPA) Act with the minister also directing Batohi to give her a full report on the acquittal, following widespread criticism of the prosecution's handling of the case.
Speaking on behalf of the NPA, Mthunzi Mhaga revealed that the NDPP has complied with the minister's order saying: "The NDPP has responded to the Minister's request in terms of Section 38 of the NPA Act. The media statement of the three Chapter 9 institutions was shared with the NPA and the NPA leadership is contemplating engaging the three institutions in a possible meeting to discuss their concerns, which the NDPP takes seriously."
The minister in a video statement confirmed having received the report and said she will look into it and provide her own report.
"We have received the report and are looking at it, this weekend or early Monday morning we will have a meeting as this matter will be part of what we are dealing with in our Monday meeting. So, once we are done, we will (provide a report), but I have the report," she said.
Cape Times