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29 April 2025 | Story Dr Sello Sele | Photo Supplied
Dr Sello Sele GBV Article
Dr Sello Sele, Lecturer in the Department of Sociology, University of the Free State

In recent weeks, South Africa has once again been rocked by cases of gender-based violence (GBV) that have revealed an absurd contradiction in the public’s reaction towards each of these cases. The most harrowing incident involves the alleged assault of a now eight-year-old girl, referred to as Cwecwe, at Bergview College in Matatiele in the Eastern Cape. In stark contrast is the acquittal of Nigerian televangelist Timothy Omotoso, who faced multiple rape and kidnapping charges, which sparked a wave of celebration and jubilation among his followers, many of them women. This juxtaposition brings to light the serious absurdity among South Africans regarding GBV, specifically sexual violence, in this case. As such, this reveals what can only be described as glaring double standards.

Horror and urgency vs celebration

The case of Cwecwe, who was allegedly sexually assaulted at her school, ignited a massive outcry nationwide. The public’s reaction was one of horror and urgency as the details of the assault came to light. The #JusticeForCwecwe campaign gained traction, with social media platforms ablaze with calls for justice and accountability. The Eastern Cape Department of Education acted swiftly by deregistering the school involved, citing its failure to protect the young girl and being uncooperative towards the investigative process. The message from the public was clear: those who perpetrate violence against children must face the full might of the law.

Contrast this with the acquittal of Omotoso, a case which has caused an equally profound public reaction, but one that is far more troubling. Omotoso, who had been accused of grooming and raping young women over years, was acquitted by the Eastern Cape High Court following a long and highly publicised trial. The judge ruled that the prosecution had failed to prove its case beyond a reasonable doubt. A large number of Omotoso’s followers, many of them women, erupted in celebration. Some even described his acquittal as a ‘victory’ for the faithful.

The stark contrast in the reactions to the two cases cannot be ignored. On the one hand, the public called for justice for a young girl whose life was forever changed by a violent assault, demanding that those responsible be held accountable. On the other hand, a group of men and women celebrated the acquittal of a man who had been accused of using his position of power to exploit and abuse vulnerable young women. What is happening here? Is this an example of the hypnotic effect religious leaders have over their followers?

 

The opium of the people

One might ask, how can women, many of whom would undoubtedly identify with victims of sexual violence, proudly rally behind a man accused of perpetrating such crimes? The answer lies, in part, in the complex relationship between power, belief, and religion (particularly in the context of South Africa's so-called miracle churches). In the case of Omotoso, his followers see him not as a perpetrator but as a martyr, a man whose innocence was denied by the justice system they believe is unjust. They chose to ignore the testimonies of the young women who accused him of abuse, instead placing their faith in their pastor’s word.

Karl Marx’s assertion that “religion is the opiate of the masses” remains highly relevant in this context. These words reflect the view that religion can function as a mechanism to pacify and distract the oppressed, offering them solace and hope while suppressing their capacity for critical thought and action. In the case of Omotoso’s acquittal, this quote seems to ring true for many of his followers, who, rather than questioning the credibility of the accusations against him, placed unwavering faith in their pastor's innocence. To them, his acquittal became not just a legal victory, but a spiritual one, reinforcing their belief in the miraculous power of their religious leader.

The quote further highlights the broader function of religion in the lives of those who feel marginalised or oppressed. South Africa’s miracle churches, which often promise ‘deliverance’ from poverty, illness, and personal hardship, provide a sense of hope and empowerment to many. Yet, this hope can also come at a high price, particularly when the faith placed in religious leaders becomes a tool for enabling abuse. The case of Omotoso is just one of many examples in which religious power has been misused, and the celebration of his acquittal illustrates how easily a religious narrative can overshadow the moral clarity needed in the face of sexual violence.

 

Deeper societal issue

South Africa’s miracle churches have long been a source of controversy, particularly when allegations of sexual abuse and exploitation emerge within these religious communities. Bishop Stephen Zondo, another prominent figure in the religious realm, offers a stark parallel. Zondo, the leader of the Rivers of Living Waters Ministries, was accused of sexually abusing women who encountered him for spiritual reasons. Despite the accusations, his followers continued to defend him, viewing him not as a perpetrator but as a victim of false allegations. Like Omotoso’s followers, Zondo’s supporters turned a blind eye to the claims of sexual abuse, prioritising their faith in their pastor over the safety and dignity of the victims.

The responses to the Cwecwe case and the Omotoso acquittal are not just examples of legal inconsistencies but are a deeper societal issue. In South Africa, where GBV is rampant, the public's reaction to these cases exposes double standards to what is morally right and what is socially, religiously or ideologically convenient. The case of Cwecwe calls for swift action, demanding justice for a defenceless child. The case of Omotoso, however, underscores how deeply entrenched power and religious influence can obscure appropriate reactions to social injustice, regardless of the many victims involved in their lamenting voices.

News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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