The Omotoso verdict: the urgent need for justice reform

By Michael Swain, executive director Freedom of Religion SA

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

Many people are aware that on Wednesday, 2 April, after a trial that lasted eight years, Judge Irma Schoeman handed down a “not guilty” verdict to Timothy Omotoso and his co-accused, who faced multiple charges of rape, sexual assault, human trafficking, and racketeering.

We stand with the millions of South Africans who express horror and shock at a justice system that has failed us once again. Our hearts and prayers go out to the survivors who took the brave step to come forward and testify, hoping for justice to be served, and who now feel disappointed and betrayed. This case has once again drawn attention to the state of our justice system and the urgent need for reforms.

Crime has no religious cover

What is particularly shocking about this case is the fact that the accused pretended to be a religious leader and abused that position to gain access to his victims. It is clear that this was nothing but a criminal front. The fact that Timothy Omotoso claims to be a pastor does not make this a “religious crime”. A crime is a crime. It does not matter if you are a pastor, a politician, or a postman — the same criminal law applies equally to all. To be clear, the right to religious freedom is not — and has never been— a defence or an excuse for committing a crime.

The frailty of our justice system

In a criminal case, the accused is presumed innocent until proven guilty. The prosecution must prove that the accused is “guilty beyond a reasonable doubt”. In this case, the State prosecutor failed dismally to clear this hurdle of evidence, which meant that the judge had no option but to acquit.

This is the beauty and frailty of a democratic justice system. Its frailty emerges clearly when justice is delayed or fails to meet public expectations. It feels deeply unsatisfying when technicalities, procedural errors, or insufficient evidence lead to outcomes that seem unjust, leaving victims without closure and society looking for someone to blame.

Where the blame truly lies

In the case of Timothy Omotoso, we must point the finger of blame where it belongs. Judge Schoeman was clear when she severely criticised the State’s handling of the case. She referred to the State’s cross-examination of the three accused, saying it “was as if it never even took place.” Nine days were allocated for this purpose, but the cross-examination of Timothy Omotoso lasted less than a morning. She also slammed the State prosecutor’s handling of the case, citing the “irregularities” he committed, which essentially corrupted the trial and rendered it unfair. To quote her words: “It is inconceivable that a prosecutor with 14 years’ experience… does not know what the definition of rape is. This is either extremely incompetent or dishonest.”

The way forward: real reform, not distractions

As we consider the next steps as a nation, we must ensure that we have helpful conversations so that this type of situation is avoided in the future, and that women and children are kept safe and protected by the law. FOR SA is adamant that this outcome cannot and must not be used as a reason to paint the entire faith community in a bad light. The vast majority ofreligious leaders of all faiths spend their lives faithfully serving their communities and playing a vital role in strengthening the moral fabric of our society. Timothy Omotoso — and others like him — are the exception, not the rule.

Strengthening the justice system, not expanding state control

Some have opportunistically called for state regulation of religion under the guise of protecting women and children. However, this is not the solution — it is a distraction from the actual problems at hand. Laws already exist to address criminal acts, and they apply equally to all. The real issue is that these laws are not being enforced effectively due to a lack of capacity or incompetence from state authorities. More laws will not solve the problem. Blanket blaming of religious leaders and proposing unconstitutional state regulation of religion is emphatically not the solution.

A call for urgent reform

It is evident that in this case, the state has failed the victims abysmally. FOR SA, therefore, calls on the government to significantly increase its investment in — and support for — a competent and efficient law enforcement and judicial process. This alone will ensure the swift and successful prosecution of criminals and justice for their victims. We also call on religious leaders and all other members of the faith community not to tolerate any form of abuse and to report any criminal activity to the relevant authorities without delay.

We need a justice system that is equipped to deal with all criminals — not one that scapegoats religious leaders while offering no real solutions to the deeper issues that continue to deprive victims of justice.

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