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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

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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