Ineffective prosecution threatens the administration of justice: Expert

Political analyst, Lesego More, says the National Prosecuting Authority’s (NPA) continued failure to secure justice for victims of Gender Based Violence (GBV) sends a demoralizing message, not only to the victims but also to citizens across the country.

“It sends a message that perpetrators are untouchable.”

 

Yesterday, disgraced televangelist Timothy Omotoso voluntarily boarded a flight back to his native country, Nigeria.

He was re-arrested in Gqeberha last week and released after two days for allegedly violating immigration laws.

The East London Magistrate’s Court ruled he could not be detained for more than 48 hours without being charged, in accordance with Section 34 of the Immigration Act.

Omotoso has been in the headlines since him and his two co-accused, Lusanda Sulani and Zukiswa Sitho were acquitted of more than 30 charges including, human trafficking and rape.

His presence in South Africa sparked public outcry, with many calling for his deportation.

Despite his eventual departure the NPA has vowed to forge ahead with its plans to appeal his aquittal.

The prosecuting authority says South Africa’s legal system does not require the presence or participation of an accused person during the hearings for an appeal in court.

https://x.com/npa_prosecutes/status/1924307499999449529?s=46&t=LBXdgZ1ZjwB8mMwux47nPg

In a separate matter the NPA recently announced that it will not be prosecuting anyone in connection with the rape of 7-year-old Cwecwe due to a lack of evidence.

https://x.com/npa_prosecutes/status/1923733616367894883?s=46&t=LBXdgZ1ZjwB8mMwux47nPg

Cwecwe’s case sent shockwaves across the nation after her mother revealed that she was allegedly raped in October 2024 on the school grounds of Bergview College school in Matatiele, Eastern Cape, while waiting for transport after school.

More says there appears to be very troubling pattern where the NPA seems incompetent in handling high profile cases.

 The analyst has reflected on several other cases that made headlines which the Chapter Nine Institution mishandled.

 

He echoes calls from activist for more specialised courts.

In the Cwecwe matter, he suspects that officers involved when the mother first reported the incident in 2024 may not have given the case the attention it required, leading to a compromised investigation and the NPA’s inability to formalize charges.

Last week, AfriForum’s Private Prosecution Unit revealed that the school had sought their assistance.

An unnamed individual claimed that his life had been turned upside down due to the rape allegations against him and the principal of the school, Jaco Pieterse.

According to a statement from AfriForum, the caretaker faced social media harassment from some South Africans who accused him of the crime, similar to the treatment Pieterse received.

In response to the NPA’s announcement of non-prosecution, the lobby group’s legal unit emphasized the need for relevant bodies to provide clarity to South Africans and clear the names of those affected by the case.

MEDIA STATEMENT: NPA confirms there was insufficient evidence in Bergview case – AfriForum action against false accusations by Mbalula, Malema and co on the way

AfriForum’s Private Prosecution Unit welcomes the National Prosecuting Authority’s (NPA) confirmation earlier today…

— Barry Bateman (@barrybateman) May 17, 2025

More suggests that the NPA and the police service should consider hiring specialized prosecutors and officers to handle these types of cases more effectively.

Human Rights lawyer, Sheldon Magardie has also weighed in on the matter.

 

Margardie says ineffective and incompetent prosecution threatens the proper administration of justice, noting that there may have been complexities in Cwecwe’s case.