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Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has voiced concern over the judicial handling of the case involving Timothy Omotoso, a Nigerian televangelist, and his co-accused, facing serious charges including rape, sexual assault, and human trafficking.<\/span><\/p>\n This comes in the wake of a ruling from High Court Judge Irma Schoeman, which declared that the State had failed to establish the charges against the accused beyond reasonable doubt, resulting in their acquittal.<\/span><\/p>\n Terrence Manase, spokesperson for Kabuyi, stated that the Minister’s concerns arise from evident deficiencies in the prosecution’s strategy, which have negatively impacted the fight for justice against gender-based violence and associated crimes.<\/span><\/p>\n “This matter represents a considerable setback in our collective aim to secure justice for victims,” Manase said.<\/span><\/p>\n On Wednesday, News reported that the High Court in Gqeberha, Eastern Cape, reached its verdict after what has been an extensive trial lasting approximately eight years.<\/span><\/p>\n Omotoso, 63, alongside his co-accused, Lusanda Sulani, 41, and Zikiswa Sitho, 33, had been implicated in serious crimes, including racketeering and sexual offences.<\/span><\/p>\n Judge Schoeman meticulously detailed the evidence from both the State and the defence, suggesting that while some aspects of the complainants’ testimonies were questionable, they were not entirely without merit.<\/span><\/p>\n “Although I cannot find that their evidence is incredible, neither can I state that the evidence of the accused should be rejected,” Schoeman said.<\/span><\/p>\n Moreover, the judge pointed out the inadequacies in the prosecution’s cross-examination, which failed to thoroughly challenge the defence’s claims, indicating that the burden of proving innocence – a fundamental principle in law – was inadequately addressed by the State.<\/span><\/p>\n “The accused are found not guilty, and they are discharged on all charges,” Schoeman ruled firmly.<\/span><\/p>\n Kabuyi marked the judge\u2019s comments on the State\u2019s representation as scathing, highlighting critical flaws in the prosecution’s strategy.<\/span><\/p>\n Despite the disappointing outcome, Manase said Kabuyi acknowledged the National Prosecuting Authority\u2019s (NPA) intent to study the ruling and explore potential avenues for further legal action.<\/span><\/p>\n In alignment with the provisions of the National Prosecuting Authority Act, Kabuyi has formally requested a detailed report from the National Director of Public Prosecutions to ascertain the factors that led to the case’s unsatisfactory conclusion.<\/span><\/p>\n Manase said Kabuyi remains steadfast in her commitment to combat gender-based violence and femicide (GBVF), to ensure that perpetrators face justice.<\/span><\/p>\n “It is imperative that we adopt a more robust approach in prosecuting cases of GBV to prevent such injustices from occurring in the future,” Manase said.<\/span><\/p>\n simon.majadibodu@iol.co.za<\/span><\/p>\n Politics<\/strong><\/p>\n Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has voiced concern over the judicial handling of the case involving Timothy Omotoso, a Nigerian televangelist, and his co-accused, facing serious charges including rape, sexual assault, and human trafficking. This comes in the wake of a ruling from High Court Judge Irma Schoeman, which declared that the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[375,11761,3062,18138,409,8633,18139,5489,4075],"class_list":["post-236426","post","type-post","status-publish","format-standard","category-politics","tag-case","tag-handling","tag-justice","tag-kabuyi","tag-minister","tag-omotoso","tag-prosecution039s","tag-questions","tag-timothy"],"yoast_head":"\nGet your news on the go, click <\/span><\/strong>here to join the News WhatsApp channel.<\/strong><\/h2>\n","protected":false},"excerpt":{"rendered":"