NPA to continue Omotoso appeal
The National Prosecuting Authority (NPA) has confirmed that it will proceed with its appeal against Nigerian pastor Timothy Omotoso's acquittal despite his departure from South Africa over the weekend.
Omotoso exited the country from the OR Tambo International Airport on Sunday, following the rejection of his appeal to overturn a decision by the Department of Home Affairs declaring him a prohibited person.
His application, submitted under section 8(7) of the Immigration Act, was denied, and he was subsequently issued a notice designating him as an undesirable person.
This status, which was in effect at the time of his departure, bars Omotoso from returning to South Africa for five years.
The Department of Home Affairs (DHA) says once the 5-year long ban has expired, Omotoso would be required to apply under section 29 of the Immigration Act for the lifting of his prohibition.
Despite public concern, the NPA clarified that Omotoso's absence does not hinder the legal process.
“The South African legal system does not require an accused person to actively participate in or be present during a court appeal hearing,” said NPA spokesperson Mthunzi Mhaga.
He explained that the appeal process involves the legal representatives of both sides, court registrars, and the judiciary—not necessarily the physical presence of the accused.
“Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country,” Mhaga added.
Should the Supreme Court of Appeal overturn Omotoso’s acquittal, the NPA has committed to pursuing his extradition.
This process will be facilitated through South Africa’s bilateral extradition treaty with Nigeria, as well as mechanisms under the Commonwealth Scheme for extradition.
The NPA’s appeal follows Omotoso’s acquittal on 32 charges, including rape and human trafficking—an outcome that has drawn significant public scrutiny and debate about accountability in high-profile cases.
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