By Akani Nkuna
Political parties and labour have condemned the acquittal of self-proclaimed prophet, Timothy Omotoso on charges of rape, sexual assault and human trafficking.
They argue that the verdict exposes failures of the justice system, particularly in protecting women and children.
The verdict stunned both supporters of the pastor and critics.
Omotoso and his co-accused, senior church members Lusanda Solani and Zukiswa Sitho, were accused of luring female congregants to his church, forcing them to perform sexual acts and restricting their freedom to leave.
“The acquittal of Nigerian evangelist Timothy Omotoso and his co-accused after an exhausting eight-year legal battle is yet another devastating blow to survivors who bravely came forward seeking justice,” the Economic Freedom Fighters said in a statement on Wednesday.
EFF spokesperson Sinawo Thambo criticised the ruling, saying it was not only a failure of the courts but also a reflection of the prosecution’s mishandling of a crucial case.
“…due to a prosecution that failed to rigorously present and defend its case, the accused were acquitted, once again exposing the deep cracks in our justice system when it comes to protecting victims of gender-based violence,” he said.
The African National Congress Woman’s League has urged the National Prosecuting Authority to appeal the verdict.
“We call on the National Prosecuting Authority to urgently consider an appeal against this acquittal. The legal system cannot be seen to fail survivors because of procedural technicalities or an overly narrow interpretation of evidentiary rules. This case speaks to broader systemic issues,” said ANCWL secretary-general Nokuthula Nqaba.
She said that while respecting judicial independence, concerns remained over the dismissal of testimony from “survivors” that seemed to undermine their lived experiences.
“This is not only a legal issue but a moral, societal and gender issue. We must ask ourselves: What kind of country allows foreign religious leaders accused of sexual crimes to walk away without accountability, then remain among us, as if nothing happened?”
Nqaba called on Home Affairs to promptly reassess Omotoso’s immigration status and evaluate the possibility of his deportation based on public concerns.
The Democratic Alliance Women’s Network has urged Justice and Constitutional Minister Mmamoloko Kubayi to investigate the NPA’s shortcomings in handling gender-based violence cases.
“We will, therefore, write to the Minister of Justice and Constitutional Development demanding that an immediate investigation be launched into the irregularities that took place during this case so that we never witness such ineptitude again,” the network’s Eastern Cape spokesperson, Nomvano Zibonda, said in a statement.
“We want to send a clear message that abuse and violence against women must never be tolerated. We cannot allow our society to degenerate to a point where women are reduced to living their lives in constant fear.”
The SA Federation of Trade Unions said that as a constitutional democracy, the country upheld the rule of law and human rights. However, the judgment has shattered the trust in the legal system.
“This is a very sad day for our country. Once again, it is survivors – girls and young women – who are made to be told by the courts that their pain does not matter. The courage it took for them to testify in such a high-profile case should have been met with compassion, care and rigorous justice; not technicalities and excuses,” said Saftu general-secretary Zwelinzima Vavi.
NPA regional spokesperson Luxolo Tyali said the prosecuting team would carefully review the judgment before determining other legal steps to take.
“In as much as the NPA does not seek to secure conviction at all costs, it remains committed to ensuring justice for the victims of crime and will go at al lengths to give a voice to the victims by exploring all the possible avenues,” Tyali added.
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