NPA must apologise for failing victims in televangelist Omotoso case, says ACDP

ALSO READ: Omotoso verdict: the urgent need for justice reform by Michael Swain, FOR SA

The NPA owes an apology to victims of sexual assault and human trafficking and witnesses who it failed during the case of Nigerian televangelist Timothy Omotoso and two co-accused who were acquitted of all charges this week after the State bungled the case, says the ACDP in a press statement.

Omotoso, 63, and co-accused, Lusanda Sulani, 41 and Zikiswa Sitho, 33, were freed on Wednesday after eight years behind bars on more than 60 charges ranging from rape, sexual assault, and human trafficking The judge presiding over the case in the Eastern Cape High Court blamed the prosecution for failing to prove its case beyond reasonable doubt.

Judge Irma Schoeman said in her judgement that while she did not necessarily believe the evidence of the accused. the onus was on the State to prove they were guilty, not on the the court to convince the court they were innocent.

Referring to the State’s cross-examination of the three accused, she said it “was as if the cross-examination never even took place”.

Omotoso supporters outside the courtroom cheered and sang after the men were acquitted, while, Cheryl Zondi, a key state witness burst into tears and had to be whisked away, reports News 24.

Speaking to SABC TV, a tearful Zondi said that she and other complainants in the case had been regularly harassed and vilified in public and online after they came out with their accusations, reports Sowetan Live.

The ACDP is extremely disappointed at the outcome of case, says the ACDP in its statement released by party president Rev Kenneth Meshoe.

The statement continues: “It is awfully sad that brave women who were hurting and spoke from their hearts — some of them even broke down as they testified — came forward as witnesses but the shoddy work done by the National Prosecuting Authority (NPA) could not result in a conviction.

“It is heartbreaking to see that after so many brave witnesses testified in court Omotoso and his co-accused were acquitted. People, particularly women, are wondering whether it is worth the humiliation of publicly detailing your painful experience, in a lengthy court process, only for the accused to be acquitted due to the NPA’s failure to successfully secure a conviction.

“The State must wake up! The NPA has bungled this very sensitive and highly publicised case. Delivering the judgment, Judge Irma Schoeman said that the State’s cross examination was very poor – the prosecution did not cross examine the accused like people who wanted to win the case. The ACDP demands that the NPA apologise to the victims of sexual assault, human trafficking, and the witnesses who suffered and were intimidated during this trial for failing them.

“The ACDP calls on the government to improve the justice system and to ensure that all its prosecutors are properly trained. For a prosecutor to lack challenging the evidence, and in the cross examination of the accused, is shocking.

“Government must pull up its socks. The rate of crime, especially that of rape, in South Africa is already too high. Witnesses will in future refrain from coming forward because of the State bungling cases. It can only be seen as an utterly humiliating experience to stand before people and the court, give detailed evidence of painful events that occurred, and watch how it was all in vain as the perpetrators walked free.

“The ACDP sympathises with the victims, and we hope that they will find the necessary support and counselling to face the future with renewed hope.”

National Prosecuting Authority (NPA) regional spokesperson Luxolo Tyali said the NPA would explore other legal avenues since the trio was acquitted due to “a technicality; mainly that the former prosecutors in the case acted improperly and the State did not sufficiently cross-examine the accused”, reports News24.

“In as much as the NPA does not seek to secure conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go to all lengths to give a voice to the victims by exploring all the possible avenues,” Tyali
said.

Eastern Cape MEC for Social Development Bukiwe Fanta expressed her disappointment at the trial’s outcome.”The acquittal of the accused is a painful reminder of the systemic issues within our justice system that continue to hinder the pursuit of justice for victims of sexual violence.

Each case of acquittal not only impacts the victims but also sends a troubling message to our society about the seriousness of these crimes,” Fanta said.

“The Department of Social Development remains committed to supporting survivors of sexual violence and advocating for stronger measures to prevent such crimes.”

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