East London, May 13 β Controversial Nigerian televangelist Timothy Omotoso walked free today after a procedural misstep by South Africaβs Department of Home Affairs led to his release from custody β a development now drawing sharp scrutiny from legal and immigration circles.
Omotoso had been arrested on Saturday, May 10, in East London on alleged violations of the Immigration Act. However, his release was ordered after officials failed to bring him before a court within the legally mandated 48-hour window required for those facing deportation.
According to the law, Omotoso should have appeared in court by 7:00 AM on Monday, May 13. Instead, he was only presented before the East London Magistratesβ Court at 2:00 PM β seven hours too late.
The National Prosecuting Authority (NPA) confirmed his release, calling it a result of a “technicality” stemming from the Department of Home Affairs’ non-compliance with immigration detention procedures.
βThe law is clear. If the state fails to meet the 48-hour requirement, the detention becomes unlawful,β said NPA spokesperson Luxolo Tyali.
The Department of Home Affairs acknowledged the error and stated it would consider its next steps after reviewing the courtβs written ruling.
Meanwhile, Omotoso’s legal team has wasted no time. Theyβve launched an urgent application in the East London High Court, seeking to overturn the Minister of Home Affairsβ declaration of Omotoso as a prohibited person, alleging the designation was procedurally flawed and unlawful.
This latest twist in Omotosoβs long-standing legal saga has reignited public debate about immigration enforcement, ministerial powers, and the accountability of state departments in upholding due process.