Court rules against Home Affairs on Omotoso arrest

The East London Magistrates Court has set free the controversial Nigerian televangelist Timothy Omotoso. The court ruled that he will not be deported until his application for a review of the Department of Home Affairs’s decision is heard in court.

Omotoso’s legal team has filed an urgent high court application to overturn his prohibited status. They argue that the decision made by the Minister of Home Affairs was procedurally flawed and legally contestable.

The application was officially lodged shortly after his arrest and is pending review.

Omotoso was arrested early on Saturday in East London where he was conducting the ‘New dawn crusade’ and his appearance was delayed until after lunch and then postponed to Tuesday.

On Tuesday afternoon the controversial pastor was released. A group of his supporters dressed in uniform celebrated his release with song and dance.

Gender activist and religious leader, Reverend Pam Daweti, said they were disappointed that Omotoso was not deported. “We are disappointed that the court has decided to release Omotoso again. We feel that the system has failed us as pastors and especially the people we are here to represent, the GBV [gender-based violence] victims. We will not stop; we will invite all corners of this province to continue fighting this injustice. When we visit these countries as pastors, there is protocol and tightened laws; we could never behave like Omotoso. Some of the people protesting here are victims of GBV – we had to watch them cry as he got released,” she said. Having Omotoso released, Daweti added, was a double blow for his victims.

Elitsha reported that a statement released by Home Affairs on behalf of the Justice, Crime Prevention and Security Cluster confirmed that an operation led to the arrest.

According to the statement, the arrest follows the decision by the Minister of Home Affairs, Dr. Leon Schreiber to reject the application submitted by Omotoso that sought to overturn the earlier decision of the department to declare him a prohibited person.

 “Omotoso earlier challenged his status as a prohibited person in court, and the court held that his status should be remitted back to the Department for reconsideration. After carefully reconsidering the matter, the Minister upheld the decision to declare Omotoso as a prohibited person,” reads the statement.

According to South Africa’s Immigration Act, a prohibited person may be barred from entering or staying in the country for reasons including criminal history, posing a security threat, or violating immigration laws. This designation allows the state to initiate deportation proceedings, although individuals have the right to appeal or seek legal recourse.

Chief Damion Dalaney of the Khoisan was among the protesters outside the court. He said they are disappointed that Omotoso was set free and has not been deported. “As Khoisan Council we are also disappointed; it’s like we as South Africans do not have a say in our own country, we are failed by Home Affairs. We thought he will be deported, our kids are not safe around this man. It is not acceptable that he walked away free,” said Dalaney.

Omotoso’s supporters refused to comment but they were holding placards denouncing xenophobia.

NPA to appeal the Omotoso judgement

Meanwhile, the National Prosecution Authority (NPA) has confirmed that it will appeal the ruling of the Eastern Cape High Court in Gqeberha.

Judge Irma Schoeman ruled in April, that the state had failed to prove beyond a reasonable doubt that Omotoso and his two co-accused were guilty of over 30 charges, including rape and human trafficking.

Eastern Cape Director of Public Prosecutions, Barry Madolo, said though a convicted person may appeal a conviction on both the facts and law, under Section 319 of the Criminal Procedure Act, the state may only appeal an acquittal based on a question of law, not fact. The decision to appeal, he said, was taken after obtaining legal opinion from senior counsel and reviewing the trial transcripts.

Handing down the judgment, Schoeman raised concerns about the conduct of the prosecution during trial. Madolo stated that the NPA is conducting an internal investigation into the conduct of the first team of prosecutors.