Omotoso acquittal points to NPA dysfunction, activists say

The acquittal of Nigerian pastor Tim Omotoso and his co-accused in the Eastern Cape High Court in Gqeberha on Wednesday highlights the deep-rooted dysfunction within South Africa’s National Prosecuting Authority (NPA), according to activists.

Despite facing 32 serious charges, including human trafficking and rape, Judge Irma Schoeman said that the previous prosecutors had acted improperly and failed to cross-examine the accused adequately.

‘Isolated case of poor prosecution’

Gender activist Lisa Vetten from the Wits City Institute of the University of the Witwatersrand slammed the case as a humiliation for the NPA and a travesty of justice for the complainants.

“If there is anything good that can come from this case, it is the NPA going away and doing some deep soul-searching. This was not an exceptional, unusual, or isolated case of poor prosecution,” Vetten said.

“If you look at the NPA’s own statistics for the past decade, the number of cases they have put down for trial has been getting fewer and fewer every year, which means the number of convictions is also declining. There is a problem at a systemic level. Something has gone very wrong in the NPA in the last decade,” she added.

The judge ruled that the NPA had not proven its case beyond a reasonable doubt, leading to the acquittal Omotoso, Lusanda Sulani and Zukiswa Sitho on all charges.

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Decline in NPA convictions

The trio were arrested in April 2017. Vetten said according to data, in 2013, the NPA secured convictions in 5 500 cases; last year, that number dropped to just 2 800.

The year of Covid saw a dramatic dip, with only 2 500 convictions secured.

“This decline speaks to an erosion of capacity. If it has deteriorated this much, it won’t be a quick fix. Wednesday was the worst possible example of this, and what makes it even more alarming is that high-profile cases like this serve as a measure of the legitimacy and competence of the criminal justice system.

“When a televised case ends like this, it signals a deeper crisis,” she said.

Vetten emphasised the damaging impact on survivors and public trust in the system.

‘Chilling message to survivors’

“This outcome sends a chilling message to survivors of sexual violence. Many will question whether reporting is worth it. This happens alongside the Cwecwe case, which exposed police failures. These two cases together can make victims question the value in reporting as they end up doing all the work for very little in return.

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“The consequences are dire. People may not bother to report. You might also see an increase in people taking the law into their own hands because they know the system is failing them.”

In a statement, the NPA said it was exploring all possible avenues to ensure the complainants receive justice.

NPA called to account

Yesterday, the Minister of Justice, Mmamoloko Kubayi, expressed deep concern and had formally requested a comprehensive report from National Director of Public Prosecutions Shamila Batohi to understand the factors contributing to this outcome.

Meanwhile, the African Transformation Movement has written to the speaker of the National Assembly, calling for the summoning of Batohi to account for the handling of the Omotoso case.

“Recent developments have exposed severe shortcomings within the NPA, necessitating urgent parliamentary intervention. It is imperative that parliament summons the National Director of Public Prosecutions, advocate Shamila Batohi, to provide a full account of the NPA’s handling of high-profile prosecutions, including but not limited to the recent outcome of the Omotoso trial,” the letter read.

The Not in My Name movement’s Themba Masango said: “GBV remains a pervasive crisis, with high rates of violence against women and children.

“But an acquittal does not necessarily equate to innocence, but may reflect insufficient admissible evidence or procedural challenges.”

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