Shamila Batohi, National Director of Public Prosecutions, has faced criticism in parliament over the handling of televangelist Timothy Omotoso’s sexual assault trial.
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The National Prosecuting Authority (NPA) say they will continue with legal proceedings against Nigerian televangelist Timothy Omotoso who was acquitted of rape last month, even though he has left the country.
Omotoso, who denied the 32 charges against him, was accused of sexually assaulting young women from his church in Port Elizabeth.
The Department of Home Affairs said Omotoso had flown to Nigeria from OR Tambo International Airport, with the department saying in a statement that he had been classified as an "undesirable person" and would not be able to return to the country for five years.
Mthunzi Mhaga, spokesperson for the NPA, said the appeal against Omotoso's acquittal would proceed in his absence.
“An appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal (SCA), as well as the judiciary.
“If the appeal succeeds, the NPA will apply for his extradition, to give effect to the order of the SCA. The NPA will use all existing bilateral, regional, and international co-operation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,” Mhaga said.
South Africa’s human rights organisations have opted to reserve their comments following Omotoso's departure.
Javu Baloyi, Spokesperson for the Commission for Gender Equality (CGE), said the issues around Omotoso's acquittal would be the subject an inquiry instituted along with the Cultural, Religious and Linguistic Rights Commission (CRL Rights Commission) and the SA Human Rights Commission (SAHRC).
The RCL Rights Commission’s spokesperson, Mpiyakhe Mkholo declined to comment.
The acquittal sparked a public outcry, with the Portfolio Committee on Justice and Constitutional Development expressing dissatisfaction with the NPA’s handling of the matter.
Xola Nqola, the committee’s chairperson said: “Members were very clear that the victims have been let down by what seems to be incompetent prosecutors. Furthermore, members raised concerns regarding the lack of supervision from provincial and national directors.
"We felt that the intervention and support from the national office could have resulted in a different outcome. We also want consequence management in this matter. Those who messed up, deliberately or otherwise, must be held accountable.”
gcwalisile.khanyile@inl.co.za