In the wake of an acquittal of Pastor Timothy Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho, three prominent South African Chapter 9 institutions have united to address the significant failures of the justice system in prosecuting sexual offences.
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission), the Commission for Gender Equality (CGE), and the South African Human Rights Commission (SAHRC) convened a joint media briefing on 10 April 2023 to express their concerns and outline the necessary steps forward.
The increasing rates of sexual offences reported across South Africa have raised serious alarms about the moral fabric of society. The commissions stressed that the case against Omotoso, which involved allegations of sexual violation and possible human trafficking, cannot be viewed merely as a legal issue but as a profound violation of human rights and dignity. The case, which highlights instances of sexual abuse in places of worship and traditional healing spaces, has drawn national outrage and concern.
Patterns of exploitation revealed
During the media briefing, the CRL Rights Commission elaborated on its previous investigative study conducted between 2015 and 2017 focused on the "Commercialisation of Religion and Abuse of People's Belief Systems." This study unearthed troubling patterns of exploitation that would later come to the forefront during the Omotoso case. Witnesses in the trial not only faced emotional and psychological distress due to the nature of their testimonies but also faced potential danger, exacerbated by an inadequate witness protection programme.
The ruling issued by Judge Irma Schoeman on 2 April 2025 raised serious concerns regarding the prosecutor's performance, with the court indicating that their efforts were less than satisfactory. This has amplified the pressure on the National Prosecuting Authority (NPA), as the shortcomings not only reflect poor handling of the case but also threaten to erode public trust in the justice system.
"The acquittal of Pastor Omotoso and his co-accused is a devastating blow for many, particularly young women who have bravely come forward to seek justice," stated representatives from the commissions. They expressed that the outcome may deter future victims from reporting similar crimes, as the handling of cases involving sexual abuse in sacred spaces must be executed with utmost rigor and respect for victims' experiences.
Furthermore, the joint statement highlighted the repercussions of such judgments on mental health, especially for survivors of sexual offences. Victims may now face an even greater reluctance to seek justice, fearing inadequate support and unfavourable outcomes in a system that seems not to take their plight seriously.
In response to these concerns, the commissions announced a forthcoming inquiry into the systemic failures highlighted by the Omotoso case. This investigation aims to scrutinise the procedural lapses that contributed to the judgment and to propose actionable recommendations that could prevent such issues from reoccurring. The inquiry, expected to begin within three months, will focus specifically on improving witness protection protocols and strengthening prosecution approaches in sexual offence cases.
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