The National Prosecuting Authority (NPA) is pushing ahead with an international investigation into the first team of prosecutors who were involved in the Timothy Omotoso matter, following a public outcry when the verdict was delivered.
In the 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 of Omotoso as the prosecution did not prove their case beyond reasonable doubt.
“Since the judgment, the scope of the investigation has been extended to include both prosecution teams, with a view to identify, if necessary, disciplinary steps to be taken against persons involved.
“After the court’s judgment, the NPA appointed additional officials to assist with the investigation due to its extended scope. The report from the investigation is expected in June 2025,” the prosecutorial body revealed in a statement.
Fighting back
The NPA, which is appealing Omotoso’s acquittal, acknowledged that the outcome of the case has had an impact on the fight against Sexual and Gender Based Violence (SGBV) in the country.
“While in our appeal we maintain that the judge erred in certain of her findings, the Omotoso judgment has had a tragic impact on the victims involved and seriously dented confidence in the NPA and the justice system to address SGBV matters.
“Although this judgment has been a setback, it should not detract from the important support that the NPA and its partners provide to victims of SGBV, including in the most complex cases,” the statement read.
The prosecutorial body urged victims and survivors of GBV not to be discouraged to report their cases and access the help they need, including that from Thuthuzela Care Centres (TCCs).
“The TCCs are world-class multi-agency facilities that provide the most comprehensive support services to victims on their journey to becoming survivors.
“Thousands of victims are receiving such support from our country’s 66 TCCs, which we plan to expand significantly over the coming years. The NPA achieves a 77% conviction rate for the thousands of cases flowing through the TCCs that are successfully prosecuted,” the NPA said in a statement.
Furthermore, the NPA assured that it has demonstrated capabilities and experience to successfully prosecute cases of this nature.
“This was demonstrated most recently by the team of Advocate Zelda Swanepoel and Advocate Aradhana Heeramun, who together with the SAPS investigation team, successfully prosecuted the case of trafficking in persons for purposes of exploitation and kidnapping relating to the little girl, Joshlin Smith in the Western Cape.
“Another case involved the successful prosecution of a former police officer, Thembalethu Gqeku, who has been sentenced to 20 years imprisonment for raping a 17-year-old victim of domestic violence inside the Komga police station in the Eastern Cape.
“Moreover, targeted interventions in respect of serial rapists and traffickers have ensured the successful prosecution of several serial rapists, such as S V Prince Themba Shongwe, convicted of 9 rapes and 4 murders of children between 11 and 16 years old in Mpumalanga,” the NPA said.
The prosecutorial body also called on communities to work with law enforcement to crack down on SGBV.
“SGBV remains an unacceptable scourge in our country. This is a crisis that requires holistic and whole-of-society responses to address.
“The NPA remains committed to providing victims of these crimes with the support they need, and the prosecutorial expertise required to ensure that perpetrators are held to account,” the NPA said. – SAnews.gov.za
