Omotoso released on ‘technicality’ in immigration case
The Department of Home Affairs says it has noted the outcome in the Timothy Omotoso matter that was before East London Magistrates Court on Tuesday.
The televangelist was released on a technicality after the court found that authorities failed to bring him before the courts within the prescribed 48 hours, as directed by the Criminal Procedures Act.
In a brief statement on Tuesday, the department said it would consider its position once the written judgment is available.
Omotoso was arrested on immigration-related charges on Saturday morning, shortly after he concluded a church service in East London.
READ MORE: Omotoso back in custody on immigration offence
The arrest came a month after the controversial televangelist was acquitted in the rape and human trafficking case against him.
Omotoso’s release sparked widespread backlash against the National Prosecuting Authority (NPA), after the court found that prosecutors had failed to prove their case beyond a reasonable doubt.
Judge Irma Schoeman found that, while the accused’s version was improbable, the lack of proper cross-examination by the state made it difficult to dismiss Omotoso’s version as untrue.
READ: Omotoso wants High Court review of prohibited status
On Tuesday, the NPA in the Eastern Cape confirmed it would appeal the Gqeberha High Court's judgment, acquitting the controversial pastor on all charges against him.
The NPA believes there are reasonable prospects of a successful appeal despite the legal complexities involved.
The decision follows detailed deliberations by the NPA’s internal team of experienced prosecutors and advice from Senior Counsel.
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