Justice system must be strengthened for GBV victims, survivors

There were mixed emotions in the Gqeberha high court on Wednesday as rape and human trafficking accused Pastor Timothy Omotoso was declared not guilty.

On the one side, there was celebration and prayers of gratitude from Omotoso, his co-accused Lusanda Sulani and Zukiswa Sitho and their supporters that they had been vindicated in the eyes of the law.

On the other, devastation and disappointment that the graphic testimony of 11 complainants brave enough to take to the stand — among them Cheryl Zondi who became the face of the case — was simply not enough to secure a conviction.

Handing down judgment on Wednesday, Judge Irma Schoeman slammed the management of the case by the National Prosecuting Authority (NPA).

She said the initial poor handling of the trial by state advocate Nceba Ntelwa, and the slow response by the NPA in having him replaced, had played a role — but ultimately, the state had failed to cross-examine the accused properly when given the chance to do so.

Taking all of this into account, Schoeman ruled that the state had failed to prove its case beyond a reasonable doubt. 

And while Omotoso and his supporters — drawn largely from his Jesus Dominion International Church — welcome the verdict, many others are left questioning the justice system.

Speaking in an interview with SABC News as she fought back the tears, Zondi said those who spoke out did so not just for themselves. 

“The main concern wasn’t even the knowing what he [allegedly] did to us. He’s [allegedly] going to continue doing this to other women and other girls,” she said.

“And that’s what we wanted to stop. That’s what we wanted to prevent. To say 'it ends with us and it’s not going to go any further'.”

On Thursday, justice minister Mmamoloko Kubayi expressed her “deep concern” about the way in which the prosecution had handled the case and formally requested a comprehensive report from the National Director of Public Prosecutions (NDPP) to understand what contributed to the outcome.

Wednesday’s verdict has raised serious concerns about the effectiveness of the justice system in addressing sexual violence.

It not only sends a disheartening message to survivors and society but also enables perpetrators.

And the only way to rectify that is to ensure we have strong system in places — from law enforcement officers and investigators to the prosecutors.

Only by strengthening the system can we create a society where survivors feel heard, perpetrators are held accountable, and justice is truly upheld.

The Herald