In a dramatic turn of events, Nigerian televangelist Timothy Omotoso has been freed from custody after a glaring error by South Africa’s Department of Home Affairs.
The cleric was arrested on Saturday, May 10, in East London for allegedly contravening the Immigration Act. However, his release came about due to a procedural lapse that has sparked debate among legal circles.
According to South African law, individuals detained pending deportation must be brought before a court within 48 hours of their arrest. In Omotoso’s case, this deadline expired at 7:00 AM on Monday. Regrettably, he was only presented before the East London Magistrates’ Court at 2:00 PM, a staggering seven hours after the deadline. This oversight led to Omotoso’s release, with many in the legal fraternity referring to it as a “technicality.”
Luxolo Tyali, spokesperson for the National Prosecuting Authority, confirmed Omotoso’s release, attributing it to the department’s failure to adhere to the requisite legal timeframe. The Department of Home Affairs has announced plans to evaluate its options once the court’s written judgment is released.
In a related development, Omotoso’s legal team has filed an urgent application with the East London High Court, contesting Home Affairs Minister Leon Schreiber’s decision to declare the televangelist a prohibited person. They contend that the declaration was procedurally flawed, adding another layer of complexity to the case.
As the dust settles, the Department of Home Affairs is left to ponder its next move, while Omotoso’s legal team presses on with their challenge.
The outcome of this saga remains to be seen, but one thing is certain – the “technicality” that led to Omotoso’s release has ignited a firestorm of discussion about the intricacies of South African law and the powers of the Department of Home Affairs.
