By OBAKENG MAJE
2 April 2025- The National Prosecuting Authority (NPA) in the Eastern Cape said it has noted the judgment of the Eastern Cape High Court sitting in Gqeberha, which found televangelist, Timothy Omotoso (63) and his two co-accused, Lusanda Sulani (41) and Zikiswa Sitho (33), not guilty on the 32 charges the state indicted them on.
Delivering the judgment, Judge Irma Schoeman found that the trio was not guilty due to the technicality, mainly that the former prosecutors in the case acted improperly and the accused were not sufficiently cross-examined by the state.
The National Prosecuting Authority (NPA) regional spokesperson in Eastern Cape, Luxolo Tyali said it is for that reason that the prosecuting team will study the judgement and decide which legal avenues to explore. Tyali said since the arrest of the trio in April 2017, their trial has been protracted with numerous obstacles, including interlocutory applications by the accused that even included Constitutional Court challenges.
“The most recent applications were for five special entries for a mistrial and an application made on 16 January 2024, where the defence made an application for the judge to reconsider her previous judgment on the application for discharge according to Section 174 of the Criminal Procedure Act, which were successfully opposed by the state.
“The delays caused some witnesses to no longer want to proceed with giving evidence as they indicated they have since moved on with their lives and are not interested in reliving their experiences in court,” she said.
Tyali further said that has led to the reduction of the charges from 63. She added that, in as much as the NPA does not seek to secure conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go at all lengths to give a voice to the victims by exploring all the possible avenues.
One of Omotoso’s alleged victims, Cherly Zondo said there were online fabrications spread about them. Zondo said they would also experience abuse while walking down the streets.
“Our lives have never been the same after coming out about this. One has to wonder if this is what the past eight years of our lives have come down to. The main concern is not knowing what he did to us, but knowing that he is not going to stop.
“He is going to continue doing that to other women and girls. That is what we wanted this to stop and be prevented. It should end with us and not go any further. But, he is not going to stop because it is within his nature,” she said.
Zondo said she feels like it is kind of an enabling to him and she thinks things might only get worse from here. She said they should agree that evil prevails in this world and it is really unfortunate.
Meanwhile, the ANCWL secretary-general, Nokuthula Nqaba said justice delayed is justice denied for rape survivors in this case. Nqaba said they note with deep concern and outrage the acquittal of Omotoso on criminal charges.
“This judgment not only strikes a blow to the courageous women, who came forward at great personal risk, but also raises serious questions about the strength of our justice system in prosecuting Gender Based Violence (GBV) and sexual exploitation.
“We issue this statement to call on the NPA to urgently consider an appeal against this acquittal. The legal system cannot be seen to fail survivors because of procedural technicalities or an overly narrow interpretation of evidentiary rules,” she said.
Nqaba asked if this case speaks to broader systemic issues, where the voices of survivors are adequately heard, respected and protected in the courtroom? She asked if where rules of evidence applied in ways that unfairly discredited witnesses, especially women survivors?
“Did the court adopt a highly rigid approach that failed to weigh the pattern of abuse? We remind the NPA of its constitutional obligation to act in the interests of justice, especially where there is a strong public interest and a pattern of predatory behaviour.
“We question the integrity and impact of the judgment, while we respect the independence of the judiciary. We are compelled to raise concerns regarding the dismissal of survivor testimony on grounds that appear to undermine the lived experience of victims,” said Nqaba.
She said they are concerned about the over-reliance on legal technicalities, which they fear may embolden other alleged abusers. Nqaba said the message this sends to women and girls is that, even when they find the strength to speak out, the system may not protect them.
“This judgment is a dangerous precedent, potentially reinforcing rape culture and religious cover for abuse. Deportation of Omotoso must be pursued given the serious nature of the allegations even if acquitted and the public outrage, we call on the Department of Home Affairs to immediately review Timothy Omotoso’s immigration status and consider his deportation.
“His presence in South Africa is no longer in the public interest. He is not a citizen, and the allegations involve systemic abuse of local women and minors under the guise of religion. Deportation laws in South Africa allow for the removal of a foreign national, whose presence is deemed undesirable, even absent a conviction,” she said.
She said they urge the government to act boldly to protect women and uphold public morality. Nqaba said justice must be seen to be done.
“This is not only a legal issue but a moral, societal, and gender issue. We must ask ourselves what kind of country allows foreign religious leaders accused of sexual crimes to walk away without accountability, then remain among us, as if nothing happened?
“We stand firmly with survivors. We demand an appeal. We demand accountability and we demand deportation. Justice must not only be done, but it must be seen to be done,” she said.
The Guardian 