NPA to appeal Omotoso judgement
The National Prosecuting Authority (NPA) has decided to appeal Judge Irma Schoeman's judgment of the Eastern Cape Division of the High Court in Gqeberha on April 2 in the case against Nigerian televangelist Timothy Omotoso and two others.
This is after they were found not guilty of serious charges, including allegations of rape, racketeering and human trafficking.
Barry Madolo, the NPA's Director of Public Prosecutions in the Eastern Cape, said the appeal decision followed a review by senior prosecutors and an external legal opinion.
'The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process,' Madolo said.
The NPA has filed papers with the Registrar of the High Court in Gqeberha requesting clarification of factual findings. Once received, the NPA's legal team will finalise the papers on the reservation of questions of law and apply to the Registrar of the High Court.
The prosecuting body is also proceeding with an internal investigation into the conduct of the first team of prosecutors involved in this matter, which started in August 2024. The scope of the inquiry has been extended to include both prosecution teams to identify disciplinary steps to be taken against persons involved. The report from the investigation is expected in June 2025.
The NPA acknowledges that the Omotoso judgment has had a tragic impact on the victims involved and seriously dented confidence in the NPA and the justice system to address SGBV matters.
'Although this judgment has been a setback, it should not detract from the important support that the NPA and its partners provide to victims of SGBV, including in the most complex cases.
'Most importantly, it should not discourage victims from coming forward and accessing the services provided.'
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Daily Maverick
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The victim was a normal South African teen from a middle-class home with loving and involved parents who had done everything possible to keep her safe. It isn't fiction. The advent of the internet has put predators into children's pockets, and many use an archetypal child sexual abuse playbook. Through ease of access to children online, the anonymity of online contact, the speed and intensity at which online relationships progress combined with secrecy, careful grooming, vicious and prolonged attacks on children's self-esteem while they are desperate for identity and belonging, and often with the support and financial backing of organised crime, 10 cases of online child sexual abuse and exploitation are reported to occur globally every second. 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For months she had sat with her parents practising drawing a beard and moustache on her face with make-up, covering her hair with a hoodie and expertly transforming herself into a young man. It was done in plain sight of her family, a seemingly innocent pastime to which they imbued no sinister meaning. Sam had also established a regular habit of going to the gym beneath the luxury apartment block where she lived with her parents and older brother. She'd usually be there for about an hour, more than enough time to meet the boy she was desperately in love with and disappear without a trace. On that fateful Thursday evening, she planned to meet Habib at the gym. It was the day before Habib's 'mother', a fake persona he had created to appease Sam's parents, had told them he was arriving in South Africa. When Sam's mom collected her from school, Sam asked if she would be home by 5pm because that was when she would be going to gym. 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Arguments with her mom, who had previously been her confidant, had increased, and she was tearful and exhausted. But, they had attributed her changed behaviour to her being a teen, so her confession took Linda by surprise. Trying to remain calm, Linda asked her what she had done and how bad she thought it was. She ascertained that Sam had met 'a boy' online and sent him naked pics of her torso. Sam said that they were in love but also that he was being nasty and had made her cry. When Sam's parents asked her why she accepted the belittling, she told them that 'relationships online are different'. They tried to prove it wasn't normal, but she'd push them out of her room when she was talking to Habib, and wouldn't let them speak to him. Nevertheless, she'd often end conversations in tears and then regret her transparency. When Habib chatted to Sam live he used an emoji filter to mask his identity so Rob and Linda were increasingly convinced that he was a 'catfish'. Worried that he may be a jihadist or an extortionist, Rob began digging, but could find nothing on him. Then in Easter 2022, when the family planned a trip away, Sam insisted she wouldn't go. At the last minute, one of Sam's friends tipped off Rob and Linda that Habib was in the country and Sam was planning to travel to meet him at his hotel while they were away. Horrified, Rob drove her to Montecasino to find him. When his accommodation details proved to be false, they took it as proof that he didn't exist and that their nightmare was over. Their euphoria was short-lived though. Hours later he sent Sam a picture of himself standing next to the Easter Bunny at the Pick n Pay downstairs from their apartment. Suddenly, he was not only real but a stone's throw away from their daughter. Defying the advice of a top social media attorney to 'lock her up for six months and take away her phone', and in a bid to not lose Sam, the family staked him out and then let Habib and Sam meet in public places under supervision. It was clear almost immediately that something wasn't right. On two occasions when Habib (who concealed his age) was with Sam, older patrons flagged his behaviour, confronting him about the way he spoke to her and his unwillingness to accept her turning down his advances. Frustrated at not being alone with Sam, Habib extended his trip, explaining that his family was waiting for him in Cape Town. Before he left, he begged Sam's mom to let the two of them spend time on their own. It was a request Sam's parents adamantly refused. In the months that followed, Habib redoubled his efforts to meet Sam alone. He even created a mother persona who did her best to persuade Rob and Linda that the children were in love and that they would be bad parents if they stood in the way. Habib's 'mother' had a 30-minute video call with Rob and Linda, begging them to allow Habib to visit again. They finally agreed to let him come in September 2022. It was here that Habib's plan went wrong. His 'mother' inadvertently disclosed to Linda that she had never been to Cape Town, undermining his story that his parents had been with him in South Africa. 'She' further agreed to send through a copy of his passport. Although the date of birth and ID number were blanked out, the barcode was still visible, which was how authorities were finally able to uncover his age, record and movements. The family were also given the contact details of Tabitha Lage from Hope Risen. Lage described how during her first meeting with Sam, the two of them sat in silence for a whole hour as Sam angrily refused to speak to her. But then the floodgates opened. At Lage's behest, Sam persuaded Habib to move their conversation to WhatsApp which allowed the family to capture evidence (the final three months of their relationship alone produced 2,596 pages of WhatsApps). This had been impossible on Snapchat because of the disappearing messages, and because Habib received notifications when their messages were screenshotted, sending him into an apoplectic rage. No remorse By the time September and the planned second visit arrived, Sam was exhausted from sleepless nights, overwrought from the ongoing barrage of vitriol and abuse, failing at school, and worn down, with her self-esteem in tatters. She would later confess that she felt like it was too late to turn back. Everything was poised for what could have been the day she was trafficked. But then came the police breakthrough, the confiscation of her phone and the intervention that had her in a conference room with the FCS unit of the police, rather than at the gym ready to meet Habib. Instead of feeling grateful though, Sam was devastated. The following day, as she sat with her relieved parents in a restaurant downstairs from their apartment watching the Springboks play rugby, she became more and more anxious until at half-time Rob decided they should leave. Minutes later, his phone began to ping as the restaurant manager, who knew the family well, and who had been given Habib's picture, alerted him that Habib was metres away from their apartment, retracing his steps from the March visit in a frenzied attempt to find Sam. Although he came terrifyingly close to tracking her down, it proved to be his undoing. Even after his arrest, he still had a hold over Sam. Managing to contact her while in prison, he threatened to punish Lage and Sam's parents. She was so certain that he would harm them that she begged him to rather kill her than hurt them. At trial, he showed no remorse or recognition that he had done anything wrong. Finally, more than two years after his arrest, Adam Qasim Lucas Habib was found guilty of human trafficking, production and possession of child pornography, grooming, compelled self-sexual assault, compelling a child to witness sexual offences, flashing and sexual assault. On 4 March 2025, he was sentenced to an effective 40 years in prison. Having already served three, he is facing another 13 years of incarceration. The Johannesburg High Court judgment was landmark because it reinforced that the Trafficking in Persons (TiP) Act doesn't require children to be moved in order for them to be trafficked. Judge Coertse provided a thorough breakdown of the Act, showing that if any of the following criteria were fulfilled, it would constitute trafficking: 'any person who delivers, recruits, transports, transfers, harbours, sells, exchanges, leases or receives another person.' He agreed that the prosecutor had proven that Sam was recruited for sexual exploitation. The judge further explained that Habib had used an 'abuse of vulnerability' to recruit her, leading her to believe that she had no other option than to submit to exploitation. But despite the victory in court, Sam, just months away from becoming an adult, has been significantly scarred by her experience. Captain Botha from the FCS unit testified at Habib's trial that Sam had suffered from child sexual abuse syndrome, presenting with the five classic signs of secrecy, helplessness, entrapment and accommodation, delayed, conflicting and unconvincing disclosure, and retraction. Habib's grooming, which isolated her, met a felt need, created a shared secret, sexualised their relationship and then wore her down through cruelty and control, had altered her self-perception, evident in the way she continued to love and support him despite what he had done – according to Lage, a form of Stockholm syndrome. Educating children While Sam's experience is unique, it is not uncommon. According to Childlight, more than 300 million children are victims of online child sexual abuse and exploitation every year. Prevention requires tech companies to place children's wellbeing over profit and for governments to use legislation to prohibit or at least delay children from accessing harmful platforms including social media and gaming platforms where predators can access them. For worried parents, the changes are coming too slowly. In response, many are delaying access to devices, something Sam endorses for her future children. In addition, educating children about grooming and online exploitation, and keeping open lines of communication wherever possible, are key to safety because even when authorities and families successfully collaborate to protect a child, there are no fairytale endings in child sexual abuse cases. For Sam and her family, healing and recovery may be a long and painful journey. One in eight children has been affected by online solicitation. If you or a family member have been affected by online child sexual abuse and exploitation, contact Childline for assistance on 116. If you want to report an electronic crime, contact Crime Stop on 086 000 10111 and ask to speak to the Serial Electronic Crime (SECI) Unit. Concerned parents who want to delay access to smart devices can join the Smartphone Free Childhood movement. For more information about how this crime affects South African children and the legislative reforms needed to keep our children safer, read ''. DM
The South African
5 hours ago
- The South African
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