When justice isn't seen to be done

In a country such as South Africa, where the scourge of rape has reached endemic proportions, it is reasonable to expect that public institutions charged with bringing perpetrators to book will leave no stone unturned to achieve convictions in sexual crime cases.

Alas, this week’s acquittal of rape and human trafficking accused Tim Omotoso suggests that our justice system, in this instance particularly the National Prosecuting Authority, is minded differently. The collapse of the Omotoso case will serve merely to reinforce a public perception of a prosecution entity which is prone to botching cases, even high-profile ones, and letting criminals go free to continue posing a danger to society.

Omotoso’s acquittal will set back attempts to create an enabling and supportive environment for victims of sex crimes. It also risks deterring victims from coming forward to give evidence, crucial to successful prosecutions

Rightly, the dismissal of the case has been severely criticised from many quarters. Even the national directorate of public prosecutions described it as “a travesty of justice”. Parliament’s standing committee on justice has called for an explanation, as has justice minister Mamoloko Kubayi.

But the most scathing criticism came from judge Irma Schoeman herself, who, alluding to prosecutorial misconduct, concluded that the prosecution had failed to prove its case beyond a reasonable doubt.

Omotoso’s acquittal will set back attempts to create an enabling and supportive environment for victims of sex crimes. It also risks deterring victims from coming forward to give evidence, crucial to successful prosecutions.

To the victims, the public condemnation by politicians and public officials will be like crocodile tears. What is needed from those in power is to proactively ensure that the best skills, resources and leadership are deployed in the criminal justice system to ensure that criminals receive their deserved punishment.