The National Prosecuting Authority (NPA) says it will proceed with the appeal on the acquittal judgment of Nigerian televangelist Timothy Omotoso.
The controversial pastor left South Africa for his home country on Sunday afternoon, 18 May.
NPA TO PROCEED WITH APPEAL OF TIMOTHY OMOTOSO ACQUITTAL JUDGEMENT
NPA spokesperson advocate Mthunzi Mhaga said the South African legal system does not require active participation or presence of an accused person during the hearing of an appeal by a court.
Mhaga said an appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal (SCA), as well as the judiciary.
“Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that person considered undesirable, is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise.
“If the appeal succeeds, the NPA will apply for his extradition, to give effect to the order of the SCA. The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,” Mhaga explained.
CONTROVERSIAL PASTOR BANNED FROM SOUTH AFRICA
On Sunday, the Department of Home Affairs said Omotoso left South Africa after the Minister of Home Affairs Leon Schreiber rejected his application that was submitted in terms of section 8(7) of the Immigration Act that sought to overturn an earlier decision of the Department to declare him [Timothy Omotoso] as a prohibited person.
Department of Home Affairs spokesperson Siya Qoza said Schreiber’s decision meant that the televangelist was illegally in the Republic of South Africa.
“Upon his departure, Omotoso was still a prohibited person and given that he was illegally in the country, he was issued with a notification as an undesirable person, meaning that he will not be able to return to the country for five years.
“On expiry of that five-year ban, he will have to apply for his prohibition to be uplifted in terms of section 29 of the Immigration Act. The Department of Home Affairs continues to be guided by our unwavering commitment to upholding the rule of law without fear or favour,” Qoza said.
As previously reported, earlier in April Timothy Omotoso and his two co-accused Lusanda Sulani, and Zukiswa Sitho were found not guilty of several charges including rape, sexual assault and human trafficking following a trial that lasted for eight years.
The acquittal of the Jesus Dominion International leader sparked public outrage as activists, civil society organisations and politicians questioned the National Prosecuting Authority (NPA) and its role in ensuring justice is served for victims of gender-based violence and rape.
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