Inquiry to probe failings in Timothy Omotoso rape case on the cards

An inquiry will be launched to investigate why the rape case against televangelist pastor Timothy Omotoso was unsuccessful in court.

On Thursday, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission), the Commission for Gender Equality (CGE), and the South African Human Rights Commission (SAHRC) held a media briefing on the handling of gender-based violence and femicide (GBVF) court cases across the country.

This follows the recent acquittal of Omotoso and his two co-accused after an eight-year legal battle.

Key whistle-blower Pamela Mabini was murdered a month prior to the verdict.

Concern over Timothy Omotoso’s acquittal

Reading a joint statement, CRL Commission chairperson Thoko Mkhwanazi-Xaluva said South Africa has seen a drastic increase in sexual offences over the years.

She revealed that the CRL Commission had conducted an investigative study into the commercialisation of religion and the abuse of belief systems between 2015 and 2017.

“It was during this process that the matter of sexual violations in sacred sites like churches and tradition healing spaces strongly came forth,” Mkhwanazi-Xaluva said.

She expressed deep concern over the murder of Mabini, higlighting her pivotal role in bringing Omotoso’s actions to light.

“Her passing to us and the way she died is a very sore point. Without her, Pastor Omotoso would have never seen the inside of a court.”

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Mkhwanazi-Xaluva highlighted the dangers faced by state witness Cheryl Zondi, saying the attention brought on her posed a serious threat to her life.

“This was further exacerbated by inefficient witness protection programmes, also changes in the prosecution team and the presiding officer that required one of the complainants to retell her testimony.”

She added that the prolonged nature of Omotoso’s trial “added an extra burden of trauma”, and labelled the outcome of the case a “gross injustice” and a “devastating blow”.

Prosecution in Timothy Omotoso trial under fire

Mkhwanazi-Xaluva said the three Chapter 9 institutions were appalled by the “mediocre quality” of the prosecution team’s work.

“This alleged mismanagement of the case by the NPA creates an untenable environment which might not only cast doubts about their ability, but also it shows the massive extent to which they failed so many young people.”

She warned that the NPA’s handling of the matter may deter future victims from reporting rape or sexual abuse – especially in sacred spaces involving religious or traditional leaders.

“The outcome of the judgment highlights deeply concerning gaps in the system. If this is not addressed, it will undermine all efforts taken by broader society to address GBVF.”

READ MORE: Key witness in tears as Omotoso acquittal sparks outrage

She announced that the CRL Commission, SAHRC and CGE will be launching an inquiry into the processes leading to Omotoso’s acquittal, as well as similar cases.

“For that reason, several institutions and individuals will be called upon to appear before an inquiry within the next few months to investigate the whole process and come up with possible recommendations.”

The date for the inquiry will be announced in due course.

Growing concerns

CGE chairperson Nthabiseng Sepanya-Mogale highlighted the increasing number of GBVF-related cases being withdrawn.

“We are also following up on other cases, wherein even the families in the Mpumalanga region of Matsulu are colluding with the violators in trafficking their children and the police are saying they are unable to deal with this.”

SAHRC chairperson Christoffel Nissen called on state-owned forensic laboratories to speed up DNA testing to avoid delays and bottlenecks in the justice system.

He also addressed the challenges victims face in being taken seriously.

READ MORE: Kubayi demands answers after ‘heartbreaking’ Omotoso acquittal

Meanwhile, Mkhwanazi-Xaluva noted that the CRL Commission is monitoring other cases where pastors facing serious allegations continue operating while out on bail.

“If Omotoso wasn’t going to be deported… he would still be preaching in his church. There is nothing stopping him,” she said, adding that the commission would announce measures next Tuesday to address the issue.

She also criticised the state’s witness protection programme, calling it “useless”.

Watch the briefing below: