National director of Public Prosecutions Shamila Batohi has faced a barrage of criticism in parliament over the handling of televangelist Timothy Omotoso’s sexual assault trial.
Batohi came under fire during her briefing of the portfolio committee on justice regarding the recent acquittal of Omotoso by the Gqeberha high court, an outcome described as a failure of justice for victims of gender-based violence.
While Batohi admitted the outcome of Omotoso’s case was a major setback, MPs took turns to berate the National Prosecuting Authority’s handling of the matter and questioned her leadership of it.
“As the NPA, we first want to express our deep disappointment and, to a certain extent, outrage, like many people in SA, about the outcome of the recent judgment. This has been unimaginably devastating for the victims in this case,” Batohi said, adding that the NPA was deeply concerned about the judge’s criticism of its prosecutors.
“We are lawyers for the people. We serve and we represent victims. This judgment is a blow to all our efforts to combat gender-based violence. We immediately took measures to ensure accountability and ensure that justice prevails, always within the confines of the law.”
However, DA MP Glynnis Breytenbach led the charge, describing the NPA’s response as too little, too late.
“There seems to be very little in this matter about which anybody can be proud. The prosecutors were clearly not able to deal with this prosecution. They started off badly, proceeded poorly and ended off spectacularly poorly,” she said.
It is my belief that had you got closer to the team working closely with the DPP.. you would have picked up that Ntelwa is acting unethically.
— ANC MP Xola Nqola
Breytenbach said the NPA is a trusted institution that let the country down.
“It was not only extremely disappointing, but a massive failure, a dereliction of duty. Any experienced prosecutor would’ve seen that disaster was ahead. Nobody, not the supervisor, not the director of public prosecutions, not the NDPP, did anything to avert it,” she lamented.
“They were entrusted with a very big, very serious, very public prosecution. Once again, the reputation of the NPA has been eroded. No-one provided mentorship or leadership. Everyone shoved their heads into the sand and did nothing.”
A report given by Batohi indicated that some witness statements were allegedly concealed by one of the lead prosecutors, advocate Nceba Ntelwa, and the inappropriate communication with the complainant via WhatsApp.
“Judge Schoeman [Irma] found that Ntelwa’s conduct, in failing to apprise the defence of the contradictory statements, constituted an irregularity.
“Further, she noted that while there had been no application by the defence for Ntelwa to be replaced, it would not be appropriate that Ntelwa continue with the prosecution of the case, as the judge would find it difficult to rely on his assurances in the matter,” said Batohi.
Committee chairperson and ANC MP Xola Nqola said the judgment was an “assault on our commitment to fighting gender-based violence.
“We believe that had we been able to handle the prosecution in a proper manner, maybe the tables would have turned.”
Nqola questioned Batohi’s leadership.
“It is my belief that had you got closer to the team working closely with the DPP, you would have easily seen that there some of the witness statements were concealed by Ntelwa.
“You would have picked up that Ntelwa is acting unethically by going to the extent of opening a WhatsApp group between him and the complainant. And part of what makes it more suspicious is the fact that those messages that were communicated in that WhatsApp group are now deleted,” he said.
Nqola said the judgment was scathing.
“It goes to the extent of saying advocate Ntelwa does not understand the definition of rape. That is what the judge says there.
“And in my view, NDPP, had you been closer to that situation, you would have picked up the weaknesses of the team tasked to attend to that very critical trial.”
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