By Lehlohonolo Lehana.
Three constitutional bodies have launched a joint inquiry into claims of system failures in South Africa’s justice system following the acquital of Nigerian Televangelist Timothy Omotoso
It has been a week since Omotoso was acquitted of all 32 counts of rape and human trafficking, with the court citing failures by the prosecutors on the case.
The judge was scathing in her judgment, criticising the poor quality of the state’s cross-examination.
Key whistle-blower Pamela Mabini was also murdered a month prior to the verdict.
Chairperson of the Cultural, Religious and Langauge Rights Commission, Thoko Mkhwanazi-Xaluva told a press briefing on Thursday, that they will engage with the National Prosecuting Authority (NPA) over its handling of the case.
”This outcome is bound to make hundreds or thousands of other victims doubt the criminal justice system and become reluctant to even come forward to lay charges. Justice must not only be done but must be seen to be done.”
Mkhwanazi-Xaluva was joined at the briefing by other commissioners from the South African Human Rights Commission (SAHRC) and the Commission for Gender Equality (CGE).
She announced that the CRL Commission, SAHRC and CGE will be launching an inquiry into the processes leading to Omotoso’s acquittal, as well as similar cases.
“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 similarly recur. To this end, the commission will jointly conduct an inquiry into the processes that led to the outcome of this and other cases.”
CGE chairperson Nthabiseng Sepanya-Mogale highlighted the increasing number of GBVF-related cases being withdrawn.
“We are also following up on other cases, wherein even the families in the Mpumalanga region of Matsulu are colluding with the violators in trafficking their children and the police are saying they are unable to deal with this.”
SAHRC chairperson Christoffel Nissen called on state-owned forensic laboratories to speed up DNA testing to avoid delays and bottlenecks in the justice system.
He also addressed the challenges victims face in being taken seriously.
Mkhwanazi-Xaluva indicated that the inquiry headed by the three Chapter 9 institutions will rely on the testimonies of various experts and witnesses as it gathers its evidence.
“Several institutions and individuals will be called upon by the inquiry within the next few months to investigate the whole process,’ she added.
Following their controversial acquittal, Justice Minister Mmamoloko Kubayi, invoked Section 33(a) of the NPA Act with the minister also directing the NDPP boss to give her a full report on the acquittal, following widespread criticism of the prosecution’s handling of the case.
Kubayi has expressed dissatisfaction with the NPA’s report.
She received the report from NDPP head Shamila Batohi on Monday after requesting a detailed explanation for the collapse of the high-profile case.
She has since called for a meeting with the NPA, likely to be held over the weekend or early next week, to address gaps she identified in the report.
“I’ve received and read the report, but there are still gaps I need clarity on,” she said. “One of my key concerns is the judge’s criticism of the prosecution.
The report doesn’t indicate whether the issues relate to the original prosecutorial team or the current one.
“That’s crucial, especially when the judge says a prosecutor didn’t seem to understand what constitutes rape.”
Kubayi said there were still unanswered questions about the handover between the first and second prosecutorial teams and whether any misconduct occurred.
She also noted that Batohi, has initiated remedial steps, including involving the head of sexual offences and assembling teams to review the case and explore a possible appeal.