The acquittal of Nigerian pastor Timothy Omotoso raises concerns over the effectiveness of the NPA, with activists calling for accountability and urgent reforms.
NPA Dysfunction: The recent acquittal of Nigerian ‘pastor’ Timothy Omotoso and his co-accused in the Eastern Cape High Court has reignited concerns about the functionality of South Africa’s National Prosecuting Authority (NPA).
Activists and legal experts warn that the case exposes deep systemic failures within the justice system, calling for urgent reforms to restore public confidence.
READ: NPA to Review Legal Options After Timothy Omotoso Walks Free in Rape and Trafficking Case
A Blow to the Justice System
Omotoso, who was facing 32 charges, including rape and human trafficking, was acquitted due to prosecutorial failures. Judge Irma Schoeman ruled that the prosecution failed to provide sufficient evidence, highlighting their inadequate cross-examination of the accused.
Gender activist Lisa Vetten criticized the NPA, stating that this was not an isolated case of poor prosecution. She pointed out that the NPA’s conviction rate has been in steady decline over the past decade. In 2013, the NPA secured 5,500 convictions, but by last year, that number had dropped to just 2,800.
“If there is anything good that can come from this case, it is the NPA going away and doing some deep soul-searching. This was not an exceptional, unusual, or isolated case of poor prosecution,” Vetten said.
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Impact on GBV Survivors and Public Trust
The acquittal has sent shockwaves across South Africa, particularly among gender-based violence (GBV) activists. Many fear that survivors of sexual assault may lose faith in the legal system and hesitate to come forward.
Vetten stressed that the failure of high-profile cases like Omotoso’s signals a deeper crisis in the justice system. She warned that such outcomes could discourage victims from reporting crimes, potentially leading to an increase in vigilante justice.
“The consequences are dire. People may not bother to report. You might also see an increase in people taking the law into their own hands because they know the system is failing them,” she added.
Government and Parliament Demand Accountability
Following the verdict, Justice Minister Mmamoloko Kubayi expressed deep concern and requested a full report from National Director of Public Prosecutions (NDPP) Shamila Batohi on the case’s handling.
Additionally, the African Transformation Movement has called on Parliament to summon Batohi for a full account of the NPA’s handling of high-profile cases, including Omotoso’s trial. The party insists that urgent intervention is necessary to prevent further judicial failures.
The Not In My Name movement also weighed in, stating:
“An acquittal does not necessarily equate to innocence, but may reflect insufficient admissible evidence or procedural challenges.”
Restoring Public Confidence in the Justice System
With South Africa already facing a crisis of trust in its legal institutions, the Omotoso acquittal is being viewed as a wake-up call. Activists are demanding comprehensive reforms within the NPA to ensure that justice is served, particularly in cases involving gender-based violence.
As the pressure mounts on the prosecuting authority, many hope that this case will trigger the necessary changes to rebuild confidence in the country’s legal system. The coming weeks will be critical in determining whether the government will take meaningful action or if the NPA will continue to struggle under the weight of systemic dysfunction.
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