The National Prosecuting Authority (NPA) announced on Friday that it plans to appeal the recent acquittal of televangelist Timothy Omotoso, following legal opinions indicating reasonable prospects of success.
This development comes after Omotoso and two co-accused were cleared of numerous sexual offences last month, a verdict that has prompted a vocal response from lawmakers and victims’ advocates alike.
National Director of Public Prosecutions, Shamila Batohi, revealed the NPA’s intentions during a briefing for the justice and constitutional development portfolio committee.
Batohi stated that the NPA has formally requested clarification from the trial judge regarding factual findings in the judgment, an essential step prior to launching a formal appeal.
She said although the judgment has been a setback, she underscored that it should not distract from the real work being done and support the NPA and its partners in consistently providing support to gender-based violence (GBV) victims.
Batohi also said they have taken measures to ensure accountability and justice prevails following the devastating impact of the judgment.
The Director of Public Prosecutions in the Eastern Cape Barry Madolo has taken a decision to appeal the judgement.
A team within the NPA was appointed to consider the judgement and transcript of the proceedings in order to provide advice whether the judgment was appealable or not.
An external senior counsel was also appointed to advise on prospects of success on the appeal.
Batohi said the NPA’s team was unanimous that there were sufficient grounds to appeal the judgment.
“The team identified several questions of law which the trial court should be asked to reserve for consideration of the Supreme Court of Appeal,” she said.
Batohi added that the external senior counsel held the same view that “there are strong prospects of success of appeal” and advised that the judge be asked to clarify and make available the factual findings of the court.
She said the State Attorney has submitted to the registrar of the Gqeberha High Court the request last Monday, and once these were received, the NPA team will file papers.
“We undertake to file within a reasonable period to avoid undue delays in this matter. The decision could not be rushed due to complexity of the matter and voluminous transcript that needs to be interrogated by external senior counsel. We are of the view there are reasonable prospects of success despite the complexities.”
Batohi told the MPs that the investigation into the conduct of the prosecuting team started last August to identify possible misconduct.
“If the investigation confirms any possible misconduct, the matter will be referred to the NPA’s office of ethics and accountability to deal with those cases.”
She also said team conducting the investigation has been bolstered and it was expected to complete its work in June.
Batohi indicated that the NPA was committed to cooperating with any envisaged commission of inquiry that may be undertaken.
“While we maintain in our appeal that the judge erred in certain findings, this judgment has had devastating impact and dented the confidence in the NPA and justice system,” she said.
Parliamentarians expressed outrage at the judgment and its implications.
ACDP chief whip, Steven Swart, said one of the biggest impact of the judgment has been on the under-reporting of sexual offences.
“One may have victims not wanting to report cases of sexual cases because of lack of confidence, trauma and issues that arose from this trial,” Swart said.
DA MP Glynnis Breytenbach said it appeared the matter was handled poorly from the outset.
“It started off badly, proceeded poorly and they ended spectacularly poorly and nobody did anything to assist them (prosecuting team), to provide leadership, mentorship and direction. There was massive disaster and everybody shoved their head in the sand,” she said.
MK Party MP Sibonelo Nomvalo said the case justified their call for removal of Batohi and accused the NPA of failing the police investigations.
“We have been making the call that she must vacate that office with immediate effect,” Nomvalo said.
The party’s chief whip Mzwanele Manyi said: “I can confirm before sunset a letter would have landed in Mr Ramaphosa’s office asking for her suspension pending investigation into her fitness to hold office.”
In response, Batohi said: “I have indeed taken note of that.”
ANC MP Oscar Mathafa expressed his frustration that the NPA’s report was underwhelming, but hastened to say the Omotoso case should assist the NPA to strengthen itself and help reflect on itself.
EFF MP Nqobile Mhlongo said the NPA should hang its head in shame for not failing women allegedly raped and violated by Omotoso, but for daily failures in different courts across the country.
“Failure to ensure Omotoso is successfully prosecuted would make more women afraid to come forward because they will know that they will be failed by the NPA and they will never find justice,” said Mhlongo.
