Latest news with #CriminalProcedureActof1977
IOL News
01-08-2025
- Politics
- IOL News
'His ideologies are highly problematic': Criminologist on Police Minister Firoz Cachalia
Professor Firoz Cachalia was sworn-in as Minister of Police on Friday. Image: Kamogelo Moichela/IOL Professor Firoz Cachalia was officially sworn in as South Africa's new police minister on Friday, wading into the turbulent waters of law enforcement. Cachalia's first day in office followed the dramatic departure of his predecessor, Senzo Mchunu, who was placed on special leave last month amid allegations from KwaZulu-Natal provincial police commissioner, Lieutenant-General Nhlanhla Mkhwanazi. IOL reported that President Cyril Ramaphosa presided over Cachalia's swearing-in ceremony at the Union Buildings, an event also attended by national police commissioner, General Fannie Masemola. Speaking to IOL, renowned criminologist Professor Kholofelo Rakubu voiced her concerns about the timing of Cachalia's appointment, citing the "confusion" at the top of the crime-fighting body. "It is his first day in office amid the technicalities of having two ministers of police. It becomes very difficult for a minister in a confusing era," said Rakubu, who is the head of the Tshwane University of Technology's Department of Law, Safety and Security Management. "The current debacle and the commission of inquiry make matters worse. He might struggle to grasp the magnitude of issues in the SAPS and justice cluster at large." Rakubu was particularly critical of Cachalia's policy stance on the use of force, arguing that his public opposition to the "shoot to kill" approach could embolden criminals. "Prof Cachalia's ideologies are highly problematic. Particularly his views where he speaks against the use of force when effecting arrests," she said. "How so, when South Africa's criminals are heavily armed and ready to shoot? He lacks understanding of the ambiguities and inconsistencies in the Criminal Procedure Act of 1977, particularly Section 49." Renowned criminologist, Prof Kholofelo Rakubu, who is Head of Department at Tshwane University of Technology's recently merged Department of Law, Safety and Security Management. Image: File Rakubu also questioned whether Cachalia could effectively lead the SAPS, given ongoing allegations of political infiltration and organized criminal syndicates within the police service. On Friday, journalists in Pretoria asked Cachalia to clarify his position on the "shoot to kill" approach. Cachalia stated he would not second-guess police officers when they are in the field. 'I am not going to second-guess police officers when they are in the field, when they have to deal with violent criminals," he said. Get your news on the go, click here to join the IOL News WhatsApp channel. "It's for them to take whatever steps are necessary to subdue the criminal and to protect themselves, subject to the law." Cachalia emphasized the importance of a lawful approach by the police officers, referencing past incidents of police brutality that had led to national outrage. He mentioned the Andries Tatane incident, where a community activist who was killed by police during a service delivery protest in 2011, and the Marikana Massacre. Cachalia cited both events, adding that they should make the country think carefully about the abuse of policing power.
IOL News
13-07-2025
- Politics
- IOL News
NPA to appeal Timothy Omotoso acquittal on rape and human trafficking charges after his deportation
The National Prosecuting Authority will return to the Gqeberha High Court on Monday to begin its appeal against the acquittal of Nigerian televangelist Timothy Omotoso. Image: File The National Prosecuting Authority (NPA) said it will begin its appeal on July 14, in the case of Nigerian pastor and televangelist Timothy Omotoso and his co-accused at the Eastern Cape Division of the High Court in Gqeberha. According to NPA national spokesperson Mthunzi Mhaga, the court will hear the first part of the appeal process following a directive from Judge Irma Schoeman. The directive came after the State submitted a request for clarification of factual findings in her judgment, which is required before it can request the reservation of questions of law under Section 319 of the Criminal Procedure Act of 1977 for consideration by the Supreme Court of Appeal. 'This is the only limited mechanism in which the state can appeal an acquittal judgment in South African law,' Mhaga said. He added that Judge Schoeman ordered both the state and the defense to argue the matter before her after Omotoso's attorney informed the registrar that the defense opposed the state's request. 'We take the view that it will be appropriate and in order for the Honourable Judge to provide such clarification before the state can identify and request her to reserve those questions of law,' Mhaga said. Omotoso left South Africa in May for Lagos, Nigeria, marking the end of a drawn out legal process that lasted nearly a decade. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ He opted to be deported after he was re-arrested by immigration officials in East London on May 10. The Department of Home Affairs has declared him a prohibited person, citing that his continued stay in the country was unlawful. According to Home Affairs, Omotoso is barred from returning to South Africa for the next five years. Earlier this year, on April 2, the Gqeberha High Court acquitted Omotoso of 32 serious charges, including rape. He had originally faced over 90 allegations, including rape, human trafficking and racketeering. His co-accused, Lusanda Sulani, 41, and Zikiswa Sitho, 33, were also acquitted. The trial, which began in 2017, drew national attention and public outrage. Omotoso is the founder of the Durban-based Jesus Dominion International Church. Despite his deportation, the court previously ruled that Omotoso's deportation will be suspended until his application to review the Home Affairs decision is heard. Home Affairs said the controversial pastor has been declared both a prohibited and undesirable person in South Africa. He will only be eligible to reapply for reentry after five years, the department said. IOL
