Justice and Constitutional Development Minister Mmamoloko Kubayi, has invoked Section 33(a) of the National Prosecuting Authority (NPA) Act in relation to the acquittal of former rape and sexual assault accused Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho.
The three were acquitted by the Gqeberha High Court of 32 serious charges, including allegations of rape, racketeering and human trafficking, on Wednesday.
“The Minister acknowledges the statement made by the NPA indicating that they will study the judgment. However, she has also, in accordance with section 33 (a) of the National Prosecuting Authority Act, formally requested a comprehensive report from the National Director of Public Prosecutions to understand the factors that contributed to this outcome.
“Minister Kubayi remains resolute in her commitment to the fight against gender-based violence and femicide (GBVF) and reaffirms the government’s unwavering dedication to ensuring that perpetrators of GBVFs are held accountable,” the department said in a statement on Thursday.
In a stinging judgement, Judge Irma Schoeman noted that the prosecution’s cross-examination of the accused was “shallow and lacking the intention to uncover the truth” – leading to the acquittal as the prosecution did not prove their case beyond reasonable doubt.
“Minister Kubayi’s concern stems from apparent shortcomings in the prosecution’s handling of the case, resulting in a significant setback in the pursuit of justice for victims of gender-based violence and related crimes. The judge was scathing in her judgment, criticising the poor quality of the state's cross-examination.
“The Minister has emphasised the need for a strengthened and meticulous approach in prosecuting cases to prevent injustices,” the department said. – SAnews.gov.za
