Dear Editor
Following a briefing by the National Prosecuting Authority (NPA) to the Portfolio Committee on Justice and Constitutional Development on Friday, the Democratic Alliance is outraged by the disastrous incompetence and clear lack of oversight in prosecuting Tim Omotoso on charges of rape and sexual assault. The DA demands that the members of the NPA implicated in this gross miscarriage of justice be held accountable.
In its briefing, the NPA embarked on a campaign of obfuscation for its initiatives and successes in fighting Gender Based Violence (GBV), yet it failed to address its glaring failures in prosecuting the so-called pastor for his alleged rape and sexual assault of congregation members. The NPA was vague and non-committal in providing answers to members of parliament for the embarrassing, entry-level mistakes made by prosecutors.
One example of unethical and irregular conduct by prosecutors in the case was the creation of a WhatsApp group that included the prosecutors and complainants. This is in flagrant violation of the well-established principle of guarding against witnesses collaborating and influencing each other’s evidence. The prosecution further failed to lead corroborating evidence in proving Omotoso’s guilt, another entry-level mistake.
Shamila Batoyi, National Director of Public Prosecutions at the NPA, labelled the NPA as the “lawyers of the people”. This embarrassing miscarriage of justice sends a single clear message to the people of a country facing endemic levels of GBV, that they, the self-proclaimed “lawyers of the people” are not really serious about protecting women and girls from perpetrators of GBV.
In its briefing to parliament, the NPA failed to provide answers on the clear lack of leadership oversight and accountability in this case, while trying to cover its incompetence with stories of other prosecuting successes. The disastrous state of the NPA’s prosecuting capacity is well known, but this failure, coupled with its non-committal briefing to the committee reinforces the public’s perception of an NPA that currently cannot protect the public from the criminal elements of society.
The Democratic Alliance reaffirms its commitment to fighting GBV and will seek to find ways to assist the NPA to improve its performance. This will include demands that the prosecutors in this case, as well as the leaders responsible for providing oversight, be held publicly accountable.
Regards
Adv. Glynnis Breytenbach MP
DA Spokesperson on Justice and Constitutional Development