The acquittal of televangelist Timothy Omotoso and his co-accused has shocked everyone. Photo: Lulama Zenzile/Gallo Images
If televangelist Timothy Omotoso and his co-accused can be acquitted of 32 charges related to sexual assault, the National Strategic Plan on Gender-Based Violence and Femicide is rendered toothless.
Their acquittal has shocked the nation amid the surge of GBV against women and children in South Africa. This ruling was passed while South Africans around the country stood in solidarity for Cwecwe, a seven-year-old who was allegedly raped at Bergview College in Matatiele, Eastern Cape.
Omotoso, Lusanda Sulani and Zukiswa Sitho are free even though one witness reported to the high court in Gqeberha that she had been raped by Omotoso at the age of 14.
What is most disturbing about the case is that prosecutor appeared not to know the legal definition of rape. It is this kind of negligence that has deemed South Africa as an unsafe place for women and children.
According to section 179(2) of the Constitution, the prosecuting authority has the power to institute criminal proceedings on behalf of the state. How can the prosecuting authority deliver an impartial judgment without understanding the key concepts related to this case? Ultimately, this indicates a gross miscarriage of justice, highlighting one of the many ethical concerns of this case, which in turn, calls into question the validity of this verdict.
Furthermore, the alleged assassination of community activist Pamela Mabini is heart-breaking and highlights the struggles of community leaders in the GBV crisis. Mabini played a crucial role in supporting the witnesses in the rape and trafficking cases against Omotoso. She received death threats before she was killed outside her home in Gqeberha.
This calls into question the effectiveness and overall purpose of the South African Police Service, which has a mandate to prevent and combat anything that may threaten the safety of any person. Where were the police when Mabini received death threats and what measures were taken to prevent her alleged assassination?
The first witness to Omotoso’s trial, Cheryl Zondi, expressed her concerns, stating that “evil prevails in this world”. Because of this verdict, people like Omotoso are empowered to sexually assault women and children without consequence.
It is concerning that Omotoso also used his religious beliefs to celebrate injustice; to celebrate the pain of victims who have yet to heal from his actions and the public humiliation that came from the case itself.
Upon reflecting on this case, it is clear that women and children are not safe in places of worship. We trust our pastors to provide spiritual counsel. Instead, they have emerged as perpetrators of sexual abuse. This is further reinforced by the social status of pastors and their religious teachings, often leaving women feeling as if they are insubordinate to men.
By encouraging the use of “God-talk” to exert pastoral power, women and young children are psychologically manipulated to stay in abusive relationships and are far more susceptible to sexual violence under the premise of being the “selected ones”. This was demonstrated in the research by Ndlovu et. al (2024).
In the process of implementing the GBVF-NSP, special attention must be afforded to the church community, through the establishment of programmes that actively work to change traditional toxic masculinity and sexual violence.
It is equally important to acknowledge that violence against women and children goes beyond the church. The case of Cwecwe shows that children are not safe at schools, with 190 reported cases of sexual assault in schools during the second quarter of 2024. Eight of which took place at day-care centres. Learners have a higher chance of being sexually assaulted than they are likely to read for meaning.
The National Strategic Plan on Gender-Based Violence was established in April 2019, as a way to respond to the violence affecting the lives of women, children, members of LQBTQIA+ community and other vulnerable groups. Even though R1.6 billion was gathered through budget reprioritisation to mitigate this crisis, nothing has changed. Women, girls and queer individuals are not safe in schools, post offices and even in their homes.
It is up to us to amplify voices often left unheard and work alongside grassroots organisations such as @womenforchangesa, which has raised awareness through social media campaigns. Women’s rights, children’s rights, queer rights are human rights.
Mpho Nyamathe is the podcaster of The Politics of You and Me. She is also a master’s candidate, set to pursue an MPhil in international relations at Oxford University.