Second witness to testify in rape trial

Difficult task in full glare of public

The first witness in the Timothy Omotoso trial, Cheryl Zondi, chose to testify about her multiple alleged rapes by the pastor on live TV after the state lost its court battle for the case not to be broadcast. In doing so, Zondi has become one of the first rape accusers to have her testimony broadcast live, and to face often invasive cross-examination in the full glare of the media spotlight. “She wanted to tell her story, and she is a very strong young woman,” Eastern Cape National Prosecuting Authority spokesperson Tshepo Ndwalaza said. Lead Omotoso prosecutor advocate Nceba Ntelwa had opposed an application by media houses to broadcast the case, in which Omotoso stands accused of sexually assaulting young female congregants of his Jesus Dominion International church in a house in Umhlanga in Durban. “We were trying to protect the victims from their plight being advertised,” Ndwalaza explained. Under the court ruling by judge Mandela Makaula, witnesses can, however, choose to not have their evidence broadcast. “Cheryl waived her right for privacy and advocate Ntelwa spoke to her at length about her options.” While Ntelwa has come under fire for not objecting more strenuously to the seemingly callous cross-examination Zondi faced from defence attorney Peter Daubermann last week, Ndwalaza stressed “there is a difference between questions that are insensitive, and questions that are unfair”. “If the questions are unfair, you as a prosecutor will need to intervene to guard your witness. But you can’t protect your witness from uncomfortable questions. If you do that, you risk damaging the credibility of your witness.” Omotoso’s trial continues today with another witness. Ndwalaza says Ntelwa has met the young woman and has sought to give her a sense of “both the positives and negatives” to having her testimony broadcast.

“He is aware that they [the accusers] are young, and this is a difficult decision to make. So it’s important for them to be as informed as possible.” Ndwalaza said the NPA has done its best to support the witnesses. “As prosecutors, we hope that when a sexual abuse accuser sees you, she sees hope. That we can give her faith in the justice system. That is what we try to do.”