Rights bodies to probe inept handling of Omotoso case

The National Prosecuting Authority's bungling of Nigerian televangelist Timothy Omotoso's rape case is an indication of broader “systemic failures” in prosecuting gender-based violence and femicide. 

This is according to the SA Human Rights Commission (SAHRC), the Commission for Gender Equality (CGE) and the Cultural, Religious and Linguistic (CRL) Rights Commission, who say they plan to launch a joint inquiry into the inept handling of the case. 

“We are not convinced that justice was done in this matter. It is therefore imperative that we independently interrogate the gaps highlighted in the judgment and then recommend measures that must be introduced to ensure that this does not reoccur,” CRL chairperson Thoko Mkhwanazi-Xaluva said.

She said the Omotoso case highlighted serious systemic failures in how GBV cases are handled, and pointed to mismanagement by the NPA.

Mkhwanazi-Xaluva warned that the NPA’s mishandling of the case undermined public trust, failed victims, and may deter others from reporting sexual abuse.

She said the three bodies will be prioritising a meeting with the NPA and individuals will be called to answer before the commissions.

“Not only do we echo the public outrage, we believe the criminal justice failures to hold Omotoso accountable constitute a gross injustice. We are further appalled by the mediocre quality of work done by the prosecution team as expressed by the judge [who acquitted Omotoso].”.

Mkhwanazi-Xaluva said the acquittal was a huge blow for many, particularly the young women who, despite all odds, came forward to give evidence and made sacrifices to seek justice. 

CGE chairperson Nthabiseng Sepenya-Mogale expressed relief that the Omotoso case was in the public eye, and said that light needed to be shone on the alarming number of GBV cases that were dropped before they even reached court.

She said the commission was also concerned about   Mpumalanga, where there was a “worrying” trend of sexual violation cases being cancelled and disturbing reports of families in Matsulu colluding with perpetrators to traffic their children.

Sepenya-Mogale said there were allegations that some parents were permitting their children to sleep with truck drivers in exchange for money and that despite some children laying charges, they were not getting justice.

“The police say they are unable to deal with this,” she said.

The CGE had also flagged “worrying and glaring” accountability issues in KZN, including allegations of legal personnel destroying specimens from victims, adding that the commission plans to follow up on the issues.

SAHRC chairperson Chris Nissen said the system of ensuring justice for GBV victims was broken, from reporting the crimes at police stations up to the point where DNA is taken from the victims.

“The case of the seven-year-old [Cwecwe] in Matatiele is a prime example. Access to justice for many victims of GBV is not being granted,” he said.

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