Pretoria – Justice and Constitutional Development Minister Mmamoloko Kubayi has expressed “deep concern” regarding how the case of Nigerian televangelist Pastor Timothy Omotoso and his co-accused was handled by the prosecuting team.
The minister was responding to the ruling delivered Wednesday, (2 April 2025), in the Gqeberha High Court by Judge Irma Schoeman.
She found that the state had failed to prove its case beyond a reasonable doubt, resulting in the acquittal of the accused on all charges, including rape, sexual assault, and human trafficking.
Delivering her judgment in which she acquitted Pastor Omotoso and his co-accused, Judge Schoeman pointed out the inadequate cross-examination of the accused that lasted only one morning of the scheduled nine days.
Judge Schoeman said Pastor Omotoso testified for a whole day setting out his defence, but the cross-examination of the accused lasted less than a morning session.
“He was not cross-examined on his denial with reference to the complainant’s testimonies,” said Judge Schoeman.
“No attempt was made to elicit inconsistencies or improbabilities. His cross-examination consisted mainly of putting a very limited synopsis of the complainant’s evidence, which he denied.”
She said there was enough evidence that the truthfulness of Pastor Omotoso’s evidence could have been tested.
“The cross-examination was shallow and lacking the intention to uncover the truth,” the judge said.
She said the cross-examination of the co-accused was so poor it amounted to “no cross-examination at all”.
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Reacting to the scathing judgment, the department said: “Minister Kubayi’s concern stems from apparent shortcomings in the prosecution’s handling of the case, resulting in a significant setback in the pursuit of justice for victims of gender-based violence and related crimes.
“The judge was scathing in her judgment, criticising the poor quality of the state’s cross-examination.”
The department said Minister Kubayi acknowledges the statement made by the National Prosecuting Authority, indicating that they will study the judgment.
“However, she has also, in accordance with section 33 (a) of the National Prosecuting Authority Act, formally requested a comprehensive report from the National Director of Public Prosecutions to understand the factors that contributed to this outcome,” the department said.
“Minister Kubayi remains resolute in her commitment to the fight against gender-based violence and femicide (GBVF) and reaffirms the government’s unwavering dedication to ensuring that perpetrators of GBVFs are held accountable.
“The minister has emphasised the need for a strengthened and meticulous approach to prosecuting cases to prevent injustices.”
