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IOL News
20 hours ago
- Politics
- IOL News
Are Ramaphosa's commissions investigative action or political deflection?
Assessing the effectiveness of President Cyril Ramaphosa's commissions in tackling corruption Image: Jairus Mmutle/ GCIS Since taking office in 2018, President Cyril Ramaphosa has established numerous presidential commissions and task teams in South Africa. While these are intended to investigate corruption and address crises, critics argue that they serve as a costly substitute for decisive action, often leading to minimal progress. Ramaphosa's presidency has been marked by an unprecedented number of formal commissions of inquiry and ad hoc advisory bodies, costing millions of rand. Some critics suggest that this approach has prioritised investigations over prosecution, especially of politically connected individuals. Notable among these are the recent commissions into law enforcement corruption, apartheid-era prosecutions, and the state's response to COVID-19 procurement irregularities. For instance, earlier this week, Ramaphosa announced aims to investigate allegations of police corruption involving Police Minister Senzo Mchunu, national deputy commissioner Shadrack Sibiya, the judiciary, and the National Prosecuting Authority (NPA). The commission's establishment follows mounting public concern over the integrity of South Africa's law enforcement agencies and the government's ability to hold influential figures accountable. Since 2018, President Ramaphosa has established numerous task forces, committees, and commissions. Some of the most prominent include the Presidential Task Team on Military Veterans, led by the late Deputy President David Mabuza, which focuses on veteran welfare and the Zondo Commission. The Presidential Climate Finance Task Team tasked with mobilising funds for South Africa's energy transition, the National Logistics Crisis Committee, responsible for addressing infrastructure collapse and vandalism in logistics sectors, G20 Task Forces covering inclusive economic growth, food security, and artificial intelligence/data governance during South Africa's G20 presidency are among some of the commissions. In addition, several commissions of inquiry have been set up to probe sensitive issues, including the Inquiry into Law Enforcement Agencies and the Commission of Inquiry into Delayed TRC Prosecutions. Since 2018, more than eight commissions have been established, with some critics questioning their effectiveness. Opposition parties have been vociferous in their criticism. Vuyo Zungula, leader of the African Transformation Movement, argued that 'appointing commissions is often a way for the president to deflect public outrage rather than pursue real accountability.' Zungula strongly advocated utilising existing institutions like the Special Investigating Unit (SIU), which he believes has a proven track record of prosecuting corruption. Similarly, Mmusi Maimane, leader of Build One South Africa, has called for the revival of the now-disbanded 'Scorpions,' an elite police unit known for probing top political figures and corruption allegations. This entity was dissolved amid political controversy. Political analysts interpret Ramaphosa's extensive use of commissions as a strategic move. Dr Ntsikelelo Breakfast suggests that 'this is a well-calculated political response,' highlighting concerns over the pace and effectiveness of these investigations. 'While placing Mchunu on leave is a good move, he prolonged timelines of these commissions risk creating a sense of inertia,' Breakfast warned. Ian Cameron, chairperson of the Portfolio Committee on Police, voiced a familiar frustration. 'We've seen this movie before. The Zondo Commission cost taxpayers billions, yet few of its recommendations have been implemented, and no kingpin is behind bars.' In response to mounting criticism of the commission to investigate police corruption, President Ramaphosa's spokesperson, Vincent Magwenya, stated the government's commitment to transparency and accountability. 'The commission's reports will be delivered within strict timelines- an interim report within three months and a final report in six,' Magwenya stated. He added, "If any compelling evidence emerges during the process, it will be handed over to prosecuting authorities immediately.' Magwenya insisted that 'the President is not shielding anyone,' reaffirming Ramaphosa's stance that these investigations aim to uncover the truth and restore public confidence. [email protected] IOL Politics
The Herald
a day ago
- Politics
- The Herald
State asks judge to clarify ‘factual findings' in Omotoso judgment
News Premium By Guy Rogers - 15 July 2025 After almost eight years in court, televangelist Timothy Omotoso was found not guilty of rape and human trafficking but his rearrest, re-release, deportation and now an appeal by the National Prosecuting Authority is ensuring the controversial pastor stays in the news. On Monday, the state requested 'clarification' in the first part of its appeal against the acquittal of Omotoso, who was found not guilty by judge Irma Schoeman in the Gqeberha high court in April...
Daily Maverick
2 days ago
- Politics
- Daily Maverick
NPA seeks clarity on Omotoso acquittal, defence objects to ‘fishing expedition'
As the State moves to appeal the acquittal of controversial pastor Timothy Omotoso, his legal team has accused the National Prosecuting Authority of abusing court processes by seeking clarification that they argue is aimed at retrospectively revising the judgment. As the State prepares to appeal the acquittal of Nigerian televangelist Timothy Omotoso, his defence counsel has branded their first step as a 'fishing expedition' and an attempt to have the judgment amended in favour of the National Prosecuting Authority (NPA). The NPA brought an application before the Gqeberha Division of the High Court for Judge Irma Schoeman to provide 'clarification' of the judgment that saw Omotoso acquitted on multiple charges of sexual assault and human trafficking. The application, brought before court on Monday, 14 July 2025, did not single out specific aspects of the judgment, but rather sought clarity on the factual findings of Judge Schoeman's entire judgment. This flies in the face of normal procedure as the prosecution has yet to provide its 'legal question' — the specific aspects of the judgment it does not agree with and believes another court might make a different ruling on. Senior State prosecutor Apla Bodlani SC indicated to the court that the State already had a strong basis for its appeal, but sought a better explanation from Judge Schoeman to 'satisfy [themselves] that [their] approach would be sustainable'. Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, were not in court as their presence was not required for these proceedings. South African immigration authorities served the controversial pastor with a five-year ban from the country as he was flying out of OR Tambo International Airport in May. Omotoso's legal counsel Peter Daubermann called the State's application a 'retrospective fishing expedition' and an abuse of court processes in an attempt for the judge to revise her ruling. He said there was no legal mechanism that allowed for this course of action and accused the State of trying to 'reverse engineer a factual foundation' that would provide it with reasons to appeal. Omotoso, Sulani and Sitho were the subjects of an eight-year trial in which they were accused of multiple counts of sexual assault and human trafficking by members of Omotoso's Jesus Dominion International church. The trial was marred by controversy around the NPA's conduct, and in April Judge Schoeman acquitted them on all the charges. Judge Schoeman in her ruling cited flaws in the prosecution's case, including almost no cross-examination challenging the versions of the accused as well as a lack of corroborating evidence led by the State. Following his acquittal Omotoso embarked on a 'New Dawn crusade' in East London. But on the second last day of the April crusade he was arrested on immigration charges at a church where he was meant to preach. He was then declared a prohibited person. That status, however, stemmed not from the criminal proceedings, but from allegations that he had used fraudulent documentation to enter South Africa. During court proceedings on Monday, Daubermann further argued that Judge Schoeman was ' functus officio ', meaning she had completed her duties with regard to this matter. He said her judgment was final and she 'was not unclear or ambiguous'. 'If this application is entertained it will set a precedent, and an accused will never know if a judgment is final or not,' Daubermann said. Bodlani maintained that the intention of the application was not for Judge Schoeman to alter or supplement her judgment. He reiterated that after studying the judgment, the State was still unclear on what the factual findings were, and for it to better prepare their appeal, it required Judge Schoeman to provide clarity on her findings. The judge said she would need time to consider the opposing arguments, and that the judgment would be delivered on 22 July 2025. DM
The Citizen
2 days ago
- Politics
- The Citizen
‘Fishing expedition': NPA criticised for trying to reopen Omotoso rape trial
The defence accused the state of attempting to 'reverse engineer a factual finding in the hope that it might later justify an appeal'. The National Prosecuting Authority (NPA) believes that clarification from the courts regarding the acquittal of rape-accused Nigerian televangelist Timothy Omotoso could strengthen its case before the Supreme Court of Appeal (SCA). However, the defence rejected the move, accusing the state of trying to get the court to reconsider its decision. The Eastern Cape High Court in Gqeberha on Monday began hearing the first phase of the state's application for leave to appeal. The application follows Judge Irna Schoeman's April ruling, in which she acquitted Omotoso and his co-accused, Lusani Sulani and Zukiswa Sitho, on a range of charges following an eight-year trial. The court found that the state had failed to prove its case beyond a reasonable doubt and also criticised the poor quality of the prosecution. Although the NPA is appealing the judgment, Omotoso has since left South Africa, having been declared a prohibited person by the Department of Home Affairs. NPA seeks clarification on Omotoso acquittal During proceedings, the state requested that Schoeman clarify the factual findings based on the evidence presented during the trial. Alpa Bodlani, representing the NPA, stressed that the state was not asking the judge to revise or revisit her ruling. 'We want the clarification so that we may ask the court to reserve questions of law. But that's something that we intend to do once we have received the clarification,' he said. The lawyer emphasised that the 2 April judgment stands. ALSO READ: Batohi explains why NPA did not investigate prosecutors in 2021 Omotoso trial Referring to precedent from another judgment, Bodlani explained that the SCA had outlined three requirements that must be met before a question of law can be reserved under the Criminal Procedure Act including the legal issue must be stated clearly, the underlying facts must be well-established, and the record must reflect both the facts and the legal question. 'Unless the state does this, the court continues. It may not be possible for an appeal court to establish certainty about what the conclusions made by the trial court and the legal court were. 'So when it is unclear from the judgment of the trial court what its findings of fact are, it is necessary for the state to request it to clarify its findings. If this is not done, the point of law is not properly reserved,' he explained. Bodlani stressed that the state did not know what the factual findings are. 'We don't see those conclusions of that in the judgment.' Gqeberha High Court: NPA Omotoso Appeal — NPASouthAfrica (@NPA_Prosecutes) July 14, 2025 Defence strongly opposes NPA's request In response, Omotoso's lawyer, Peter Daubermann, argued that Schoeman's ruling was final. 'You discharged your function and cannot now supplement, elaborate or revisit your factual findings,' he said. Daubermann contended there was no legal mechanism for the NPA's request. 'The Criminal Procedure Act contains no provision expressed or implied allowing the state to request clarification of factual findings after an acquittal. READ MORE: Omotoso acquittal points to NPA dysfunction, activists say 'The only possible mechanism would be Section 319 of the Criminal Procedure Act, which the state has not invoked. 'There is no application to reserve a question of law and only today, as the state stated, an intention to do so.' The lawyer accused the state of attempting to 'reverse engineer a factual finding in the hope that it might later justify an appeal'. He maintained that the request for clarification is 'procedurally impermissible', adding that the judgment is not ambiguous. 'It is long, reasoned and careful.' State accused of trying to reopen Omotoso rape trial Daubermann further criticised the request, describing it as a 'retrospective fishing expedition'. 'It amounts to an impermissible attempt to reopen the trial, re-litigate the facts, and circumvent the acquittal under the guise of seeking clarity.' He also argued that the state had missed the deadline to file an appeal. 'In terms of the Criminal Procedure Act, such an application had to be brought within a reasonable time. A reasonable time in the circumstances would be 21 days. It is now more than 90 days after judgment was delivered in this case.' Moreover, Daubermann warned that granting the state's request would undermine legal certainty. 'If this type of application were entertained, it would mean that an accused person would never know whether the judgment is final, because any court, any judge or magistrate would be entitled to amplify the judgment. There would be no finality.' Schoeman will deliver her verdict next Tuesday. NOW READ: Batohi not worried about Omotoso's deportation as NPA plans to bring Gupta brothers back to SA
Eyewitness News
2 days ago
- Politics
- Eyewitness News
Omotoso's legal team says it's too late for state to appeal acquittal
JOHANNESBURG - Controversial Nigerian televangelist Timothy Omotoso's defence team insists it's too late for the state to appeal his acquittal on charges of rape and human trafficking. On Monday, the National Prosecuting Authority (NPA) returned to the Gqeberha High Court in the Eastern Cape, taking a step towards challenging an April ruling that found the state failed to prove Omotoso's guilt beyond a reasonable doubt. Prosecutors asked the court to clarify the findings that led to the not-guilty verdict, a request Omotoso's legal team strongly opposed, saying the NPA missed its window to appeal. The Omotoso case was one of several that cast a light on the NPA's shortcomings, with High Court Judge Irma Schoeman delivering a damning assessment of the state's case. Now, after regrouping, appointing new advocates and plotting a way forward, the NPA is trying to lay the groundwork for an appeal, a move the defence said comes far too late. Omotoso's lawyer, Peter Daubermann, argued that the Criminal Procedure Act requires an appeal to be filed within 21 days, a deadline long missed. 'It is now more than 90 days after judgment was delivered in this case. Not only is there no application for the reservation of the question of law before you, but the time for bringing such an application has passed.' The law does allow for an application for condonation, provided the state can explain the delay and demonstrate prospects of success, before an appeal can be heard. ALSO READ: Omotoso's defence says NPA's acquittal appeal a 'fishing extradition', legally unsound
