Batohi says GBV victims must not be discouraged

Batoyi admitted the ruling has dealt a blow to public confidence in the justice system, particularly among gender-based violence victims. 

However, Batohi urged victims not to lose faith in the NPA, promising that the institution remains committed to accountability and high-quality service.

“We want victims to know that we understand this is a one case, but a very important case.

But please don’t lose faith in the system because there are so many good things that are happening in the system – if you happen to be a victim in the future, please don’t be discouraged by this one decision, we are ensuring accountability and know so that you will get world-class service.”

Batohi made these remarks during a briefing to the Portfolio Committee on Justice and Constitutional Development, where she outlined the NPA’s next steps following Omotoso’s acquittal on 32 charges, including rape, human trafficking, and racketeering. 

The Gqeberha High Court found the prosecution’s case to be flawed, citing serious inaccuracies and unethical conduct.

Three prosecutors were found to have acted improperly, with Judge Irma Schoeman specifically criticising former lead prosecutor Advocate Nceba Ntelwa. 

Ntelwa was accused of instructing a witness to omit a rape allegation from their testimony and suggesting that witnesses be coached to commit perjury. 

These revelations have triggered internal investigations and damaged trust in the handling of the case.

The NPA confirmed the investigation into prosecutorial conduct began in August 2023 and that disciplinary actions will be based on its findings. 

A new team of prosecutors has since been appointed, with Batohi stating that no issues have been reported with the new group.

“It’s not like whilst the new team was proceeding, there was any need for the National Director to intervene because there were definitely no flags raised by the DPP, but there were red flags raised in the first team.”

Eastern Cape Director of Public Prosecutions Barry Madolo told Parliament he takes full responsibility for appointing the original team, saying he selected them based on their experience and qualifications.

In response to the court’s decision, the NPA is appealing the acquittal. Batohi revealed that senior counsel and external prosecutors from outside the Eastern Cape and the NPA have been brought in to lead the appeal process, a move supported by Madolo.

The NPA maintains that it remains focused on rebuilding trust and delivering justice, especially in sensitive and high-profile cases involving GBV.

ALSO READ