Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has voiced concern over the judicial handling of the case involving Timothy Omotoso, a Nigerian televangelist, and his co-accused, facing serious charges including rape, sexual assault, and human trafficking.
This comes in the wake of a ruling from High Court Judge Irma Schoeman, which declared that the State had failed to establish the charges against the accused beyond reasonable doubt, resulting in their acquittal.
Terrence Manase, spokesperson for Kabuyi, stated that the Minister's concerns arise from evident deficiencies in the prosecution's strategy, which have negatively impacted the fight for justice against gender-based violence and associated crimes.
"This matter represents a considerable setback in our collective aim to secure justice for victims," Manase said.
On Wednesday, IOL News reported that the High Court in Gqeberha, Eastern Cape, reached its verdict after what has been an extensive trial lasting approximately eight years.
Omotoso, 63, alongside his co-accused, Lusanda Sulani, 41, and Zikiswa Sitho, 33, had been implicated in serious crimes, including racketeering and sexual offences.
Judge Schoeman meticulously detailed the evidence from both the State and the defence, suggesting that while some aspects of the complainants' testimonies were questionable, they were not entirely without merit.
"Although I cannot find that their evidence is incredible, neither can I state that the evidence of the accused should be rejected," Schoeman said.
Moreover, the judge pointed out the inadequacies in the prosecution's cross-examination, which failed to thoroughly challenge the defence's claims, indicating that the burden of proving innocence - a fundamental principle in law - was inadequately addressed by the State.
"The accused are found not guilty, and they are discharged on all charges," Schoeman ruled firmly.
Kabuyi marked the judge’s comments on the State’s representation as scathing, highlighting critical flaws in the prosecution's strategy.
Despite the disappointing outcome, Manase said Kabuyi acknowledged the National Prosecuting Authority’s (NPA) intent to study the ruling and explore potential avenues for further legal action.
In alignment with the provisions of the National Prosecuting Authority Act, Kabuyi has formally requested a detailed report from the National Director of Public Prosecutions to ascertain the factors that led to the case's unsatisfactory conclusion.
Manase said Kabuyi remains steadfast in her commitment to combat gender-based violence and femicide (GBVF), to ensure that perpetrators face justice.
"It is imperative that we adopt a more robust approach in prosecuting cases of GBV to prevent such injustices from occurring in the future," Manase said.
IOL Politics