The South African Federation of Trade Unions (SAFTU) expresses its profound disgust and outrage at the acquittal of Tim Omotoso and his two co-accused on charges of rape, sexual assault, and human trafficking. This verdict is a damning indictment of a criminal justice system that continues to fail women and children, particularly those who have had the courage to speak out against powerful abusers.
We are a constitutional democracy, founded on the rule of law and the protection of human rights. But today’s judgment has deeply shaken the faith of countless survivors in the ability of our legal system to protect the most vulnerable. The comments made by the presiding judge in the case suggest not only a lack of sensitivity to the trauma of survivors but also highlight a broader systemic failure to investigate and prosecute gender-based violence with the seriousness it demands.
This is a very sad day for our country. Once again, it is survivors—girls and young women—who are made to relive their trauma, only to be told by the courts that their pain does not matter. The courage it took for them to testify in such a high-profile case should have been met with compassion, care, and rigorous justice—not technicalities and excuses.
The state must answer for its failures in this case. We demand a full and public review of the police investigation and the National Prosecuting Authority’s (NPA) handling of this matter. How could such serious charges collapse after years of court delays and countless postponements? The entire ordeal has re-victimised those who came forward, and the state must be held accountable for this injustice.
Alarming Statistics Highlight Systemic Failures
The recent crime statistics paint a grim picture of the state’s failure to protect its citizens:
- Between July and September 2023, 10,516 rape incidents were reported to the South African Police Service (SAPS). Disturbingly, 4,726 of these incidents occurred at either the home of the victim or the perpetrator, places where individuals should feel safest. South African Government
- In the 2022/2023 period, 18,108 rape cases involving child victims were reported to SAPS. However, only 10,435 arrests were made, and an even smaller fraction of 471 child rape cases were enrolled for trial by the NPA during the same period. This glaring gap between arrests and trials points to a systemic failure in ensuring justice for the most vulnerable.
- The conviction rate for rape cases in South Africa is alarmingly low, with estimates suggesting that only approximately 8.6% of reported rape cases result in conviction. Academic Oxford
These statistics underscore the urgent need for comprehensive reform within our criminal justice system to ensure that perpetrators are held accountable and survivors receive the justice they deserve.
Solidarity with Survivors
SAFTU extends strength and solidarity to the brave survivors and their families. We believe them. We salute their strength. And we reaffirm our commitment to fight for a society free of patriarchy, abuse, and institutional betrayal.
We demand urgent reform of the justice system to ensure it centres survivors and not the accused, especially in gender-based violence cases. This includes:
- Trauma-informed training for judges, police, and prosecutors;
- Proper resourcing of GBV units;
- An overhaul of the Sexual Offences Court system; and
- Transparent consequences for state failure.
No justice, no peace! We call on all progressive forces—women’s organisations, community structures, unions, and faith leaders—to unite in mass action and say: Enough is enough! The lives and dignity of survivors matter. We will not be silent in the face of such betrayal.
An Alert issued on behalf of SAFTU by the General Secretary, Zwelinzima Vavi.
For more details, contact the National Spokesperson at:
Newton Masuku
066 168 2157
