Justice and Constitutional Development Minister Mmamoloko Kubayi has invoked Section 33(a) of the National Prosecuting Authority (NPA) Act in relation to the acquittal of former rape and sexual assault accused Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho.
The three were acquitted by the Gqeberha High Court of 32 serious charges on Wednesday. They were charged with rape, racketeering and human trafficking,
“The minister acknowledges the statement made by the NPA indicating that they will study the judgment. However, she has also, in accordance with section 33 (a) of the National Prosecuting Authority Act, formally requested a comprehensive report from the National Director of Public Prosecutions to understand the factors that contributed to this outcome.
Fight against GBVF
“Minister Kubayi remains resolute in her commitment to the fight against gender-based violence and femicide (GBVF). And she reaffirms the government’s unwavering dedication to ensuring that perpetrators of GBVFs are held accountable,” the department said in a statement on Thursday.
In a stinging judgement, Judge Irma Schoeman noted that the prosecution’s cross-examination of the accused was “shallow and lacking the intention to uncover the truth”. This led to the acquittal as the prosecution did not prove their case beyond reasonable doubt.
“Minister Kubayi’s concern stems from apparent shortcomings in the prosecution’s handling of the case. This resulted in a significant setback in the pursuit of justice for victims of GBVF and related crimes. The judge was scathing in her judgment, criticising the poor quality of the state’s cross-examination.
Focus on preventing injustices
“The minister has emphasised the need for a strengthened and meticulous approach in prosecuting cases to prevent injustices,” the department said.
Earlier, this publication reported that the ANC Women’s League (ANCWL) is calling for a review of the ruling. The call was in relation to Omotoso’s acquittal.
Additionally, the women’s league is demanding that Omotoso be deported.
This statement was made by ANCWL secretary-general Nokuthula Nqaba. She was responding to the outrage over Omotoso’s acquittal on criminal charges that have been pending for eight years.
Omotoso is a Nigerian televangelist and pastor at Jesus Dominion International Church. He was charged alongside Sulani and Sitho in a trial that dragged on for eight years.
SAnews.gov.za
