Lynn Williams
Three chapter nine institutions have announced a joint inquiry into the processes that led to the acquittal of Nigerian pastor Timothy Omotoso and his two co-accused on numerous charges that included rape and human trafficking.
This was revealed at a media briefing on Thursday by the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Commission for Gender Equality, and the South African Human Rights Commission.
The enquiry will also examine systemic failures in other cases of gender-based violence and femicide.
The three organisations' decision comes amid a public outcry at the state’s failure in the matter, with NPA boss Shamila Batohi demanding a report from the provincial director of public prosecutions, Barry Madolo.
The NPA said it would study the judgment and noted the possibility of an appeal.
Meanwhile, speaking at the briefing, Thoko Mkwanazi-Xalavu, the chairperson of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, said the Omotoso ruling was a “huge, devastating blow.”
“As Chapter 9 institutions, we will always respect the rule of law and decisions taken by the court. It is significant that the court is heard saying its prosecutors have not acquitted themselves satisfactorily in discharging their responsibilities,” she said, reading from a joint statement.
Mkwanazi-Xalavu said they needed to respond on this basis to ensure that they helped restore the public’s confidence in the justice system.
“Not only do we echo the public’s profound outrage about the process and the outcome of the case against Pastor Omotoso and his co-accused but also believe that the criminal justice system’s failure to hold Pastor Omotoso accountable constitutes gross injustice.
“We are further appalled by the mediocre quality of work done by the prosecution team, as expressed by Judge Schoeman,” she said.
The organisations also noted that the NPA’s handling of the case may consequently discourage other victims from coming forward and open cases of rape or sexual abuse “that takes place at sacred spaces in the hands of religious leaders and oGobela (traditional healer trainers).”
She said that, given the backdrop of the Omotoso judgment, they were not convinced that justice was done in this matter.
“It is therefore imperative that we independently interrogate the gaps highlighted in the judgment and recommend measures that must be introduced to ensure these do not similarly recur.
Mkwanazi-Xalavu said the three Commissions resolved to jointly conduct an inquiry into the processes that led to this case's outcome.
“For that reason, several institutions and individuals will be called upon to appear before an inquiry within the next few months to interrogate the whole process and come up with possible recommendations,” she said.
