Nigerian televangelist Timothy Omotoso was recently released from custody following a procedural error by South Africa’s Department of Home Affairs. The incident occurred after Omotoso was arrested on Saturday in East London’s Central Business District for charges related to the contravention of the Immigration Act.
Omotoso’s appearance in the East London Regional Court was delayed beyond the legally permitted timeframe. According to South African law, an individual must be brought before a court within 48 hours of arrest. In this case, the 48-hour period expired at 7 a.m. on Monday. However, Omotoso only appeared in court at 2 p.m. later that day, resulting in the court ordering his release due to this procedural oversight.
Home Affairs acknowledged the error and stated that it is reviewing the situation. The department is waiting for the written judgment from the court before determining its next steps. The mishandling of the case has raised questions about due process and the handling of high-profile arrests by the department.
Meanwhile, the National Prosecuting Authority (NPA) has announced that it is appealing a previous ruling by the Eastern Cape Division of the High Court in Gqeberha. That ruling, delivered by Judge Irma Schoeman in April, acquitted Omotoso and his two co-accused of serious charges, including rape and human trafficking.
Judge Schoeman ruled that the state failed to present evidence beyond a reasonable doubt that Omotoso and the others were guilty of the more than 30 charges they faced. These charges had garnered significant public attention and stirred widespread debate across South Africa, especially given Omotoso’s prominence as a religious leader.
The NPA’s decision to appeal signals ongoing legal efforts to pursue the matter despite the setbacks. It remains to be seen how the appeal process will unfold and whether the state will manage to present a more compelling case moving forward.
The release of Omotoso has also reignited public scrutiny on the role of the Department of Home Affairs and the justice system in high-stakes cases. Critics argue that procedural failures like this not only undermine public trust but can also lead to potential miscarriages of justice, especially in cases involving allegations as serious as human trafficking and rape.
In the meantime, Timothy Omotoso remains a free man, pending any further legal action. The Department of Home Affairs is under pressure to ensure compliance with legal procedures in future cases to avoid similar embarrassments. The public and legal communities alike await the written judgment and further actions from both Home Affairs and the NPA in what continues to be a controversial and closely watched case.