rape

Cape Town – Justice Minister Mmamoloko Kubayi has intervened following the acquittal of Nigerian televangelist Timothy Omotoso and his co-accused due to the prosecution’s failure to build a strong case.

Gqeberha High Court Judge Irma Schoeman ruled that the state did not prove its case beyond a reasonable doubt, despite finding the accused’s explanations improbable.

Omotoso, who had been in custody since 2017, was released, while his co-accused, Lusanda Sulani and Zukiswa Sitho, were also acquitted.

“In my view, the explanations of the accused are improbable and I don’t and I don’t subjectively believe them. However, due to the uncertainty of the actions of the state and the lack of proper cross examination, I cannot find the accused’s version also improbable that they cannot be reasonable be true… The accused are found not guilty and are discharged on all the charges,” Schoeman said while delivering her ruling on Wednesday.

Kubayi expressed concern over the prosecution’s shortcomings, calling the outcome a setback in the fight against gender-based violence.

She has requested a report from the National Prosecuting Authority (NPA) to understand what went wrong and invoked section 33(a) of the NPA Act in response.

“I have decided to invoke section 33 (a) of the NPA Act in relation to the Omotoso and others case,” Kubayi said.

“The judge was scathing in her judgment, criticising the poor quality of the state’s cross-examination.

“I have given the NDPP until Monday the 7th [of April] to give me the report on this matter, and we will take it forward from there.”

The NPA is reviewing the judgment, while Kubayi stressed the need for a more rigorous prosecution strategy and reaffirmed the government’s commitment to tackling gender-based violence.