The National Prosecuting Authority (NPA) says it will continue with its appeal of Nigerian pastor Timothy Omotoso’s acquittal judgment despite his departure from South Africa.

Omotoso, who was acquitted of charges including rape, racketeering and human trafficking, left South Africa yesterday.

“The South African legal system does not require active participation or presence of an accused person during the hearing of an appeal by a court. An appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal and the judiciary.

“Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that ‘person considered undesirable’, is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise,” the NPA said in a statement today.

Furthermore, if successful, the prosecutorial body will apply for his extradition back to the country.

“The NPA will utilise all existing bilateral, regional and international co-operation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,” the statement read.

At a recent media briefing, Cabinet noted and welcomed the NPA’s decision to appeal the recent acquittal of Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho.

Meanwhile, the Department of Home Affairs has noted Omotoso’s departure.

The department had taken the controversial pastor to court for alleged contravention of the Immigration Act 13 of 2002.

“This comes after the Minister of Home Affairs rejected an application submitted by Omotoso in terms of section 8(7) of the Immigration Act that sought to overturn an earlier decision of the Department to declare Omotoso as a prohibited person. The minister’s decision meant that Omotoso was illegally in the Republic of South Africa.

“Upon his departure, Omotoso was still a prohibited person, and given that he was illegally in the country, he was issued with a notification as an undesirable person, meaning that he will not be able to return to the country for five years.

“On expiry of that five-year ban, he will have to apply for his prohibition to be [lifted] in terms of section 29 of the Immigration Act. The Department of Home Affairs continues to be guided by our unwavering commitment to upholding the rule of law without fear or favour,” the department said. – SAnews.gov.za

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