Home Affairs has argued that Omotoso has been in the country illegally.
Timothy Omotoso. Picture: Gallo Images
Controversial Nigerian televangelist Timothy Omotoso has been released from custody and will remain in South Africa pending his application to be re-evaluated as a prohibited person by Home Affairs.
Omotoso appeared in the East London Magistrate’s Court on Tuesday, facing immigration charges. Home Affairs argued that he was in the country illegally.
This development comes just weeks after his acquittal on 32 serious charges including rape, human trafficking and racketeering.
The scene outside the East London Magistrate’s Court was one of jubilation as supporters of Omotoso’s Jesus Domain International Church celebrated the ruling.
Court rules against Omotoso’s deportation
Magistrate Kevin von Brant granted Omotoso the opportunity to apply for a review of the Department of Home Affairs’ decision that had prohibited him from remaining in South Africa.
“Timothy Omotoso is a free man once again,” an eNCA reporter confirmed.
ALSO READ: Nigerian pastor Omotoso ‘illegally in SA’ and set to be deported
The media and public were barred from attending the court proceedings, with information filtering out through delegates present in the courtroom.
Immigration dispute
Omotoso was arrested on Saturday morning on immigration charges.
According to information revealed during cross-examination, Home Affairs officials argued that Omotoso had obtained a visa back in 2000 that reportedly expired around 2017.
The Department of Home Affairs has been “adamant that they won’t grant him residence here in South Africa”.
ALSO READ: Omotoso’s arrest sparks controversy: Lawyers challenge immigration charges
Meanwhile, Omotoso has expressed his desire to remain in South Africa, where he has lived for the past 25 years.
He plans to take the matter to the High Court for review.
NPA to appeal previous acquittal
Meanwhile, the National Prosecuting Authority (NPA) announced plans to appeal Omotoso’s previous acquittal on serious criminal charges.
Barry Madolo, the NPA’s Director of Public Prosecutions in the Eastern Cape, will lead the appeal against the judgment that acquitted Omotoso and his co-accused, Lusanda Solani and Zukiswa Sitho.
NPA spokesperson Advocate Mthunzi Mhaga said on Tuesday that the decision follows thorough consideration by an internal team of experienced prosecutors and a legal opinion from Senior Counsel.
“The NPA believes that there are reasonable prospects of a successful appeal despite the complexities of the legal process,” Mhaga stated.
“The first step in this process is to request that the judge clarify factual findings.”
The necessary legal papers were filed with the Registrar of the High Court in Gqeberha on Monday.
The case continues to be highly controversial, as both the immigration issues and potential criminal charges remain under legal review.
NOW READ: ‘Judge erred’ – NPA to appeal Timothy Omotoso’s acquittal
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