The NDPP to Interrogate the Failure of Justice in the Omotoso Matter

03 APRIL 2025

The NDPP to Interrogate the Failure of Justice in the Omotoso Matter

The National Director of Public Prosecutions (NDPP), Adv Shamila Batohi, has requested a report, from the Eastern Cape Director of Public Prosecutions (DPP), Mr Barry Madolo,on the judgement delivered by Judge Irma Schoeman of the Eastern Cape Local Division of the High Court sitting in Gqeberha on Wednesday, 2 April 2025. The judgment relatesto a trial that lasted for over eight years from 2017 wherein Mr Timothy Omotoso and twoothers faced several charges of rape, human trafficking and sexual assault.

The Honourable Judge raised concerns about the conduct of the prosecution in her finding the trio not guilty of all the charges preferred against them. The NDPP will carefully study the judgment when it is made available to the parties. In the meantime, she has expressed her serious concerns about adverse findings made by the judge against the prosecution team, relating to the manner in which the prosecution was conducted.

The NDPP has called for a transcript of the proceedings and will consider it in order to determine whether the criticism of the prosecution team is warranted. Depending on the outcome of this process, the NDPP, together with the DPP: EC, will decide on appropriate action. The DPP: EC has in the meantime indicated that the team will study the judgement and decide on whether to bring an application to appeal the judgement.

The National Prosecuting Authority (NPA) has demonstrated its commitment to dealing effectively with gender-based violence and sexual offences. The NPA has a world-class special unit called the Sexual Offences and Community Affairs (SOCA) Unit which is dedicated to dealing with sexual violence and related cases. The NDPP appreciates the public outrage expressed by many in response to the judgment in view of its devastating impact on the victims in this case, and the fight against the scourge of gender-based violence in the country.

The NDPP is proud of the NPA’s track record in providing victim-centred and professional support to victims of gender-based violence, including through the national rollout of Thuthuzela Care Centres (TCCs) that for the past eight years have provided specialized support in almost 280 000 matters (or 34,600 matters per year). This recent judgement represents a travesty of justice that we cannot accept. The NDPP awaits the report from the DPP EC and will consider the next steps to ensure that this tragic outcome is dealt with swiftly and appropriately, based on the facts and the legal dimensions relevant to the judgement.

Enquiries:

Adv Mthunzi Mhaga

NPA National Spokesperson