National Prosecuting Authority (NPA) spokesperson, Luxolo Tyali, said: “The complainants and other female church members were allegedly kept in one room where they also slept. Omotoso would allegedly select one of the complainants to go to his private bedroom where he raped or sexually assaulted them.”

NPA will decide on legal avenues to explore

Tyali said the prosecuting team will study the judgment and decide which legal avenues to explore.

"Since the arrest of the trio in April 2017, their trial has been protracted with numerous obstacles including interlocutory applications by the accused that even included Constitutional Court challenges. The most recent applications were for five special entries for a mistrial...

"In as much as the NPA does not seek to secure a conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go to all lengths to give a voice to the victims by exploring all the possible avenues," said Tyali.

Activist groups appalled by outcome

Sonke Gender Justice co-executive director, Bafana Khumalo, said they were appalled by the outcome.

"We are appalled by this grossly incompetent performance by the prosecution. This is an injustice and secondary victimisation of the survivors who placed their lives on the line to challenge Omotoso.

"It is inexplicable why the prosecution performed so dismally in this case in a country where GBVF and sexual offences are so high. The pronouncements by the presiding officer are damning on the poor presentation by the NPA.

"It is our strong view that there must be consequential management on this massive poor performance by the prosecution. It is such lapses by the criminal justice system that discourages many victims and survivors of sexual violence from coming forward to report their cases," said Khumalo.

The chairperson for the DA Women's Network (Dawn) in the Eastern Cape, Nomvano Zibonda, called on the Minister of Justice and Constitutional Development to launch an investigation into the failures of the NPA in prosecuting cases of gender-based violence.

"The handling of this case is a shocking indictment of our justice system. Victims of crime in South Africa deserve a criminal justice system that is beyond reproach, one that crosses every T and dots every I.

"Gender-based violence is spiralling out of control in South Africa, and the knowledge that the justice system is inept will lead many women in the future to remain silent and endure further abuse, as they will believe they will never be protected or vindicated," said Zibonda.

The ANC Women's League expressed its disdain at the outcome.

Provincial Chairperson, Ntandokazi Capa, said they would always be "unashamedly on the side of the abused, especially women and children".

"We are of the firm view that the not guilty version does not mean innocent. As such, we hope that the State can bring the case back to court and have its best prosecutors so that more diligent prosecuting can take place," said Capa.

chevon.booysen@inl.co.za