A scathing Gqeberha High Court judgment in the Eastern Cape that acquitted a self-proclaimed prophet Nigerian televangelist Timothy Omotoso and his two co-accused Lusanda Sulani and Zukiswa Sitho of all the 32 charges preferred against them has sparked controversy, anger and public outcry on how the country justice system handled the matter.Judge Irma Schoeman acquitted the trio due to insufficient evidence and inability by the state to prove beyond reasonable doubt that the accused before her are linked to the crimes they are accused of.The accused were facing charges of rape, human trafficking and money laundering.Chapter nine institutions, the Commission for Gender Equality, CGE, and the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) have lambasted the National Prosecuting Authority (NPA) for “failing the witnesses” in a much-protracted matter.
CGE Chairperson Advocate Nthabiseng Sepanya-Mogale told You FM Newshour that the protraction of the matter could have influenced the court’s judgment. “It has had, and not only the time lapse but even the chop and changes that were happening on this matter.Because if you can remember the initial Judge appointed to preside over this matter (Judge Mandela Makaula) had to recuse himself and another Judge had to be appointed. The case had to start “anew” from the beginning and the witnesses had to re-testify so that has affected the case. But the intimidation that the survivors experienced with their families also had a bearing on this matter and just cheering on the suspects throughout the process was an unfair process,” said Sepanya-Mogale.
The Chairperson echoed the similar sentiments expressed by her counterpart in the CRL Commission Thoko Mkhwanazi who immediately after the judgment was delivered said that NPA has dropped the ball even after an excellent work done by the Hawks and witnesses before the court.
“Absolutely, you know it is not on many occasions where you have the presiding officer, who is either a magistrate or a judge criticizing the prosecution or defence.They usually stick to the facts of the case and give their judgments based on the facts of the case.But it takes an extraordinary situation for a presiding officer to criticize one of the sides, and in this instance, it was actually the prosecutor, pointing out all the mistakes that the prosecutor had made.I think in a way she (Judge Schoeman) was saying to the NPA you had let down the witnesses,” explained Sepanya-Mogale.
The CGE expressed concern that the judgment is a serious setback on efforts to encourage witnesses and whistle-blowers to come forward and testify in court.“The suffering that these witnesses have gone through, for what? But it is not only them, but you must also remember the lady who blew the whistle on what Omotoso was doing to these young girls was killed and buried two weeks ago.So there’s even a murder you know one cannot say it is as a results of her role in this case but all what we are saying is an activist lost their live very recently, the wounds are still raw and this is the activist who ensured that this sees the light of day in court and now all that was in vain,” remarked Sepanya-Mogale.Meanwhile, the National Prosecuting Authority, NPA, has since released a statement stating that it is studying the judgment and will determine what legal avenues are available going forward.It was also reported that Omotoso could be deported back to his home country after it was established that he’s been in the country illegally.
