Gender rights advocates have voiced scepticism about the National Prosecuting Authority’s (NPA) decision to appeal the recent acquittal of televangelist Timothy Omotoso and his co-accused. They fear the move may further traumatise victims of sexual violence rather than bring them justice.
This response follows the NPA’s announcement that it will challenge the ruling handed down by Judge Irma Schoeman, who acquitted Omotoso, Lusanda Sulani, and Zukiswa Sitho of all charges, including rape, sexual assault, human trafficking, and racketeering. The case, which spanned nearly eight years, ended with the State failing to prove its case beyond a reasonable doubt.
According to NPA spokesperson Mthunzi Mhaga, the decision to appeal was made after careful review by internal legal experts and consultation with Senior Counsel.
He explained that the complexity of the case and the sheer volume of transcripts necessitated a thorough process before moving forward. The appeal will be filed in terms of Section 319 of the Criminal Procedure Act.
Despite the NPA’s renewed efforts, some gender rights organisations remain unconvinced. Sonke Gender Justice chairperson, Bafana Khumalo, welcomed the appeal in principle but questioned its potential impact.
He expressed concern that the State had not pursued the original case with the vigour it deserved, suggesting that the prosecution’s handling of the matter undermined the victims’ powerful testimonies.
Khumalo also highlighted the emotional toll the process has already taken on survivors, many of whom endured aggressive cross-examinations in court. He warned that the appeal might re-expose victims to further psychological distress, likening the experience to repeated violation at the hands of the justice system.
Adding to the controversy, the NPA has initiated an internal investigation into the conduct of the original prosecuting team, with the scope recently expanded to include both legal teams involved in the case. Disciplinary action is being considered where necessary, and a final report is expected by June 2025.
While the NPA maintains that there were errors in the court’s findings, it acknowledged the significant damage the judgment has caused, not only to the victims but also to public trust in the justice system’s ability to deal with gender-based violence.
However, Mhaga stressed that this setback should not deter survivors from seeking justice or accessing the support services available to them.
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