'Justice system fails victims' | Gender Commission reacts to Omotoso rape acquittal

Justice system under scrutiny as Omotoso and co-accused cleared of all charges

Justice system under scrutiny as Omotoso and co-accused cleared of all charges

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Published 22h ago

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The Commission for Gender Equality has expressed deep concern over the outcome of the high-profile rape and human trafficking case against televangelist Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho. 

On Wednesday, the High Court in Gqeberha, Eastern Cape, acquitted all three defendants on 32 charges, including rape, human trafficking, and racketeering.

The court's ruling highlighted the State's significant failure to prove Omotoso’s guilt beyond a reasonable doubt, leading to the complete dismissal of the charges.

The case began with 63 charges and was significantly narrowed to 32 before ultimately resulting in a not guilty verdict for all involved.

Advocate Nthabiseng Sepanya-Mogale, chairperson of the Commission for Gender Equality, voiced her disappointment.

“It is a serious indictment for three people to be charged with 32 crimes, and none can stick. So, you must remember it started with 63 and went to 32; now it’s zero. So, who will want to go with one charge in the future? Who will believe that they can get justice for themselves in the courts with these one or two charges?”

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The case has drawn considerable media attention and public interest, with many viewing it as a litmus test for how the legal system handles sexual assault and gender-based crimes in South Africa. 

Analysts have weighed in on the implications of the verdict. 

Dr Lungi Mhlongo, a gender-based violence expert, commented, “This verdict sends a chilling message to survivors of sexual violence that their voices may not be heard in the court of law. It raises serious questions about the justice system's ability to address and uphold victims' rights.”

Similarly, political analyst Joe Mhlanga stressed that the acquittal did not reflect well within the country, arguing that the ruling will encourage other offenders.

“It is concerning that with all the noise that was made, the victims will never find justice and you ask yourself why some people don’t report cases involving influential individuals.”

The case against Omotoso gained significant traction in the media, with numerous testimonies from alleged victims detailing experiences of manipulation and abuse.

However, the defence argued that the testimonies lacked credibility and that the women involved were motivated by ulterior motives, including financial gain.

Following the verdict, various advocacy groups, including political organisations, have called for a review of how cases of sexual assault and human trafficking are prosecuted in South Africa.

They argue that the justice system must be reformed to ensure victims feel safe and supported when coming forward with their allegations.

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