National Director of Public Prosecutions Shamila Batohi says a team has been set up to look into allegations around the conduct of prosecutors and what led to the acquittal of televangelist, Timothy Omotoso (inset)
Image: IOL/Se-Anne Rall
The National Prosecuting Authority (NPA) will on Monday submit a report to the Justice Ministry detailing what led to the acquittal of rape-accused televangelist, Timothy Omotoso.
In handing out judgment earlier this week, Judge Irma Schoeman raised concerns about the conduct of the prosecution, and found Omotoso and his two co-accused, Lusanda Solani and Zikiswa Sitho not guilty of the charges which included racketeering, trafficking in persons, rape, and sexual assault preferred against them. Omotoso had spent eight years in prison after his bail application was denied.
Omotos is expected to be deported back to Nigeria. It is unclear when that will take place.
Timothy Omotoso, Lusanda Sulani and Zukiswa Sitho in the dock, inside the Port Elizabeth High Court.
Image: Raahil Sain/IOL
The outcome has caused widespread outrage with gender-based violence advocacy groups and various government departments weighing in on the matter.
Speaking to Newzroom Afrika, Batohi said she has requested a report from the Eastern Cape Director of Public Prosecutions on Schoeman's judgment.
Batohi explained that the NPA had received information about the conduct of previous prosecutors on the case and a new team was appointed.
Batohi said allegations against prosecution conduct date back to 2022 and measures were taken to address it.
She said the NPA had to wait until the case was finalised before they could take any action and that investigation kicked off on August 8 last year.
Batohi went on to explain that there have been investigations that had taken place outside of the public spotlight and the NPA remains committed to upholding accountability expectations.
She further stated that the latest commentary around the case seems to be surrounded by emotions rather than fact.
Batohi said while emotions are good, they could not cloud matters with many jumping to conclusions rather than relying on factual evidence.
"We should be careful about assigning blame without having all the facts. Let's get all the facts," Batohi said.
She added that Omotoso's constant applications placed before the court which could be viewed as a delay tactic.
She said she was equally outraged by the outcome of the trial and Schoeman's sentiments on the prosecution's handling of the case.
"The Minister is expecting a report by Monday and while the investigation will take longer, we will give her what we have in the interim by then," Batohi said.
She said her office has requested a transcript of the case which will be thoroughly interrogated by a high-level team from the sexual offences and community affairs unit who will provide an opinion on the matter.
This will also allow the NPA to see if Schoeman's comments on the case are justified.
Batohi further stated that, based on what is found, the NPA will consider taking the matter on appeal.
Addressing the victims of the case, Batohi said the NPA remains committed to seeing justice for GBV victims.
She said she plans to meet privately with the victims at a later date.
"I want to thank them for speaking out. They have done nothing wrong. They have shown courage," she said.
Highlighting the NPA's fight against GBV, Batohi stated that Thuthuzela Care Centres (TCCs) across the country have handled thousands of cases, and this outcome should not be the brush with which the NPA is painted.
In a statement following Schoeman's ruling. NPA national spokesperson, Adv Mthunzi Mhaga, stated that for the past eight years has provided specialised support in almost 280 000 matters, 34,600 annually.
This recent judgment represents a travesty of justice that we cannot accept. The NDPP awaits the report from the DPP EC and will consider the next steps to ensure that this tragic outcome is dealt with swiftly and appropriately, based on the facts and the legal dimensions relevant to the judgment," he said.
seanne.rall@iol.co.za
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