OPINION | Omotoso’s acquittal is a miscarriage of justice

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The acquittal of Timothy Omotoso has understandably sparked strong emotions, particularly given South Africa’s urgent struggle with gender-based violence (GBV). 

The frustration and anger expressed by survivors and activists are valid. GBV remains a pervasive crisis in South Africa, with high rates of violence against women and children.

A high-profile verdict perceived as unjust feels like betrayal, discouraging survivors from coming forward and undermining trust in the legal system.

While the verdict may feel like a “miscarriage of justice,” legal outcomes hinge on evidence, procedural rigor, and the burden of proof (beyond reasonable doubt).

The failure of this case rests at the door of an incompetent prosecution team, who failed to bring their “A” game to court.

The sitting judge, Irma Schoeman, was scathing in her remarks and said that the previous prosecutors acted improperly and did not sufficiently cross-examine the accused, leading to the case collapsing. 

Omotoso’s acquittal does not equate to innocence

An acquittal does not necessarily equate to innocence but may reflect insufficient admissible evidence or procedural challenges. This distinction is painful but underscores systemic gaps in supporting survivors through investigations and trials.

Setbacks like this underscore the need for sustained efforts and strengthening of institutions. We need to advocate for specialized sexual offenses courts, survivor-centered policies, and training for legal/medical personnel.

Push for stricter enforcement of laws like the Sexual Offenses Act and combat victim-blaming narratives. Challenge harmful norms and elevate survivor voices to shift societal attitudes.

While this verdict is disheartening, it is one chapter in a larger movement. Persistence in advocacy, education, and legal reform remains vital to ensuring future accountability.

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The outcome is a stark reminder of the work ahead, but it must galvanize, not paralyze. Every survivor’s story matters, and collective action can transform systems failing them.

Let this moment reinforce the resolve to fight for a society where justice is not a privilege but a guarantee.

Written by: Themba Masango (Secretary General at NotInMyName International)

Disclaimer: The views expressed in the content belong to the author and not vmexsa, its affiliates, or employees.