Omotoso freed on technicality after Home Affairs blunder
Nigerian televangelist Timothy Omotoso was released from custody today, May 13, following a procedural misstep by South Africa’s Department of Home Affairs.
Omotoso had been arrested, on Saturday, May 10, in East London for alleged violations of the Immigration Act.
Under South African law, individuals detained pending deportation must appear in court within 48 hours of arrest. In Omotoso’s case, that deadline expired at 7h00 AM on Monday. However, he was only brought before the East London Magistrates’ Court at 2h00 PM seven hours too late.
The missed deadline resulted in Omotoso’s release on what legal observers have called a “technicality.” National Prosecuting Authority spokesperson Luxolo Tyali confirmed the release, citing the department’s failure to comply with the required legal timeframe.
The Department of Home Affairs said it will assess its options once the court’s written judgment is issued.
Meanwhile, Omotoso’s legal team has launched an urgent application in the East London High Court, challenging Home Affairs Minister Leon Schreiber’s decision to declare the televangelist a prohibited person. They argue the declaration was procedurally flawed.