The Congress of South African Trade Unions is appalled and deeply disturbed that the National Prosecuting Authority (NPA) failed to secure a conviction in the Timothy Omotoso case.
The rape, sexual assault, racketeering and trafficking in persons case against the televangelist and his co-accused Lusanda Solani and Zikiswa Sitho, lasted eight years but returned a not guilty verdict to the dismay of many, in particular the survivors who not only testified in the trial, but will forever bear the scars of the horrors perpetrated against them.
The acquittal of the accused on all 32 charges is a devastating blow to survivors of sexual violence and exploitation and perpetuates a culture of impunity that emboldens perpetrators to believe they will never be made to account for their crimes.
COSATU is especially outraged that this judgment comes after the tragic death of whistleblower and victims’ rights advocate, Pamela Mabini. Mabini provided unyielding support to the witnesses in this case. She was shot in her car outside her house three weeks ago. Her bravery and sacrifice will never be forgotten. The timing of this judgement gives a harsh impression that justice is not always served and that those who dare to speak truth to power are often silenced.
The Federation and its Gender Structure stand in solidarity with the survivors and their families, who have shown immense courage and resilience in the face of unimaginable trauma. To them and many others who have fallen victim to sexual violence, the judgement is a betrayal of the trust placed in our legal system and sends the disturbing message that the lives and dignity of women and girls are not valued or protected.
Infinitely more worrying are Judge Irma Schoeman’s remarks that the state had failed to prove its case beyond reasonable doubt. In her ruling, Schoeman clearly spelt out that she found the accused’s explanations improbable and that she did not subjectively believe them, but due to the NPA’s lack of proper cross examination she could not return a guilty verdict, because the onus of proving the accused guilty beyond reasonable doubt rests with the state. Simply put, the Judge Schoeman thought the NPA had done a shoddy job. Basically, the NPA is to blame for Omotoso’s acquittal.
The question becomes, for how long must the country be subjected to the NPA’s sub-standard prosecution of serious crimes. Daily citizens of this country lament how no one has been held to account for the decade of state of capture. We call on Minister of Justice and Constitutional Development, Mmamoloko Kubayi to do all in her power to ensure the NPA stops scoring own goals and becomes the prosecuting authority we all deserve.
Issued by COSATU
Zanele Sabela (COSATU National Spokesperson)
Mobile: 079 287 5788 / 077 600 6639
Email: zaneles@cosatu.org.za
