The Minister of Justice and Constitutional Development, Mmamoloko Kubayi said she was heartbroken by the judgement delivered by the Gqeberha High Court, that acquitted Televangelist Pastor Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho.
The trio were facing 32 charges of rape, sexual assault and human trafficking amongst others, in a trial that dragged for almost eight years.
Kubayi said the scathing judgment has forced her to write to the National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi to seek answers regarding the case.
“Today I have written to the NDPP invoking section 33(a) of the National Prosecuting Authority (NPA) Act 32 of 1998 in relation to the acquittal.
Watching a young woman cry in court after the verdict was heartbreaking.
I took time to go through the judgment, and unfortunately the Judge was scathing against the NPA.
It is these results that have led me to take this decision and action.
I’ve given the NDPP until Monday the 7th to give me a report in terms of this matter and will take it forward,” said Kubayi.
The minister expressed concern that the judgment would also deter would-be complainants of such incidents not to report them to the police or testify in court.
“This concerns me the most because many of the victims of GBV take real effort, but out of their comfort to go and testify in court.
My fear as the minister is that this outcome might discourage many who have been brave enough to stand against the most powerful people to give testimony in court.
Some in the most uncomfortable way, where they expose themselves to public scrutiny of what has happened,” explained Kubayi.
She said the aim of the report is to understand what transpired, and how the country moves forward in assuring the country that the government is serious about fighting GBV and femicide cases.
“We can’t continue to protect perpetrators but we need to stand with victims.
We must be victim centric in approach but understand the plight of those who go through this torture, this difficulty,” remarked Kubayi.
In her scathing ruling, Judge Irma Schoeman lambasted the prosecution, adding that they failed to prove beyond reasonable doubt the charges against the accused.
“Listening to the judge was the most painful thing for me as a minister overseeing this portfolio.
I can’t avert responsibility, I cannot shield myself from taking accountability and being accountable to the South African society, especially listening to that judgment.
It’s a moment for all of us in this portfolio to reflect and to say what it is that we’re going to do better, to rebuild the confidence of South Africans in the justice system of this country,” said Kubayi.
