The National Prosecuting Authority (NPA) is implementing a wide-ranging, victim-centric strategy to ensure that high-profile acquittals do not deter victims of gender-based violence (GBV) from reporting cases or seeking justice. 

In light of public concerns regarding the effectiveness of prosecuting GBV and high-profile crimes, particularly after the acquittal of Pastor Timothy Omotoso despite serious allegations and years of trial, Justice and Constitutional Development Minister Mmamoloko Kubayi revealed this information.

In response to parliamentary questions from the EFF’s Sixolisa Gcilishe, Kubayi addressed concerns about how the department prevents high-profile acquittals from discouraging GBV victims from coming forward.

Kubayi said the NPA acknowledges public concerns and the potential wider implications for prosecuting GBV and other high-profile cases following Omotoso’s acquittal. 

“The NPA has publicly expressed disappointment at the recent judgment on the Omotoso matter, but cautioned against using one matter to undermine the trust and confidence of victims of GBV in our criminal justice system. Instead, it has emphasised its well-established victim-centred approach to dealing with victims of GBV with a track record that spans more than 20 years,” Kubayi said. 

“Through these comprehensive, integrated, and survivor-focused strategies, the NPA is determined to prevent high-profile acquittals from undermining public trust or deterring victims from coming forward. The goal is to continuously build public confidence that the criminal justice system takes GBV seriously and is fully committed to delivering justice for survivors.”

Key interventions include: 

Delivery of GBV public awareness campaign: The NPA is actively working to promote reporting of GBV and restore confidence in the system, through extensive public awareness campaigns, community-specific interventions, and collaboration with civil society and survivor advocacy groups.

“The NPA, driven by the Sexual Offences and Community Affairs (SOCA) Unit, completed 853 campaigns from April to December 2024 in the 2024/2025 financial year,” Kubayi said. 

Expansion of Thuthuzela Care Centres (TCCs): The NPA aims to expand integrated, survivor-centric services by establishing more TCCs nationwide, offering extensive pretrial services, including psycho-social support, medical treatment, and legal services to GBV victims.

“Currently, there are 66 TCC sites located in rural, urban and peri-urban communities nationally,” Kubayi said. 

Prosecutor-Guided Investigations (PGI): By enhancing the implementation of PGI, prosecutors are directly involved in guiding investigators from the earliest stages to ensure that GBV cases are properly built, evidence is secured, and procedural missteps are avoided, minimising the risk of acquittals due to avoidable errors.

Specialised Training: Prosecutors undergo continuous training to ensure sensitivity and effectiveness in handling GBV matters. 

Continued Victim Support: Increase the number of Court Preparation Officers to ensure their availability at all courts. This will enable them to adequately prepare victims and witnesses, fostering a secure and supportive environment that promotes full participation in the criminal justice process.

Policy Directives for Prosecutors: The NPA has amended its directives relating to Sexual Offences and Domestic Violence to align with recent amendments to GBV legislation. These directives offer clear, binding instructions to prosecutors on managing GBV cases. 

Serial Rapist Prioritisation Initiative: Launched in 2023, this initiative focuses on fast-tracking the prosecution of cases involving identified serial rapists across all provinces. 

Teenage Pregnancy Prioritisation Initiative: Introduced in 2024, this initiative addresses teenage pregnancies by ensuring that cases involving children below the age of consent are promptly reported, thoroughly investigated, and prosecuted. 

DNA Prioritisation Initiative: Implemented in October 2020, this initiative has focused on reducing the DNA testing backlog in sexual offence cases. 

“By prioritising DNA evidence, prosecutors, together with the SAPS Forensic Science Laboratory, have facilitated the finalisation of 60,518 reports to date, significantly improving turnaround times in GBV-related prosecutions,” Kubayi said. 

Community Prosecution Initiative: The NPA has established community prosecution capacity in all divisions to tackle crime through localised, community-specific solutions. There are 50 community prosecution sites nationwide, with 26 specifically dedicated to addressing GBV.

thobeka.ngema@inl.co.za

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