SOWETAN SAYS | NPA needs retraining to handle GBV cases

The National Prosecuting Authority (NPA) has faced severe criticism following its mishandling of the high-profile case against Nigerian pastor Timothy Omotoso, who faced charges of rape, sexual assault, and human trafficking.

And rightly so.

For more than seven years, the NPA promised justice in a case that carried the weight of national trauma. Instead, what has unfolded is a textbook example of incompetence and a disturbing reminder of how poorly the justice system often serves the vulnerable.

In April, an Eastern Cape high court acquitted Omotoso, ruling that the state had failed to prove its case beyond reasonable doubt. In addition, Judge Irma Schoeman slammed the prosecution for failing to properly cross-examine key witnesses and undermining its own case by not presenting a coherent and persuasive narrative. Unforgivable errors.

But the state’s blunders did not end there.

Following his acquittal, the NPA’s credibility took another blow when it had Omotoso re-arrested on immigration charges – only to fail to present him to court within 48 hours, as required by law. This procedural lapse led to his immediate release, after which he exited the country after immigration declared him undesirable and slapped him with a five-year ban from SA.

The symbolism of the latest loss could not have been starker: the state could not even get the basics right. These errors, easily primary school boy mistakes, represent a justice system struggling to function under pressure and only serve to erode public confidence in the criminal justice system, especially among victims of gender-based violence who already face daunting barriers to justice.

Now, in a bid to salvage its credibility, the NPA is appealing the acquittal. But after years of blunders and procedural slip ups, it is hard to believe they will get it right this time. Why should we trust an institution that hasn’t gotten it right once?

First, Omotoso’s exit from SA and ban puts a spanner in the works of challenging his acquittal. We haven’t forgotten that fugitive pastor Shepherd Bushiri is yet to face justice.

Second, appeals, according to legal experts, are limited to the existing trial record – and in this case a record marred by prosecutorial weakness and incoherent strategy. To succeed, the NPA must also demonstrate that it has clear prospects of success. Given its handling of the original case, that threshold seems unreachable.

Something has got to give. There must be a transparent and independent inquiry into how this case was handled from start to finish. Accountability must be real, not rhetorical.

The NPA must also be resourced and re-trained to deal with gender-based violence with the seriousness and skill it demands. Survivors deserve more than symbolic prosecutions.

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