Controversial Nigerian televangelist Timothy Omotoso was released from custody on Monday after a procedural error by South Africa’s Department of Home Affairs rendered his recent arrest legally invalid.
Omotoso, the leader of the Jesus Dominion International Church, was arrested on Saturday, May 10, in East London. The arrest, which drew significant media attention, was tied to alleged violations of the Immigration Act. Authorities accused him of overstaying his visa and engaging in activities not permitted under his immigration status.
However, the East London Magistrate’s Court ruled on Monday that the arrest was unlawful due to procedural mistakes by Home Affairs officials. The court found that the department failed to follow key requirements of the Immigration Act, including obtaining a valid arrest warrant and properly assessing Omotoso’s immigration status before detaining him.
Legal experts noted that the ruling does not dismiss the allegations against Omotoso but underscores administrative failures by Home Affairs. “This is a textbook example of procedural negligence,” said immigration lawyer Phumzile Ndlovu. “When due process is ignored, even justified enforcement actions can be overturned.”
The Department of Home Affairs acknowledged the error and confirmed an internal investigation to determine responsibility. Omotoso’s legal team celebrated the court’s decision, calling the arrest a politically motivated act. “This case was never about the law,” said Advocate Zola Dube, Omotoso’s attorney. “It was an attempt to harass our client. We are pleased the court upheld his rights.”
The National Prosecuting Authority (NPA) declined to comment in detail, stating only that it would review the court’s decision and consult with Home Affairs on further steps.
Omotoso, a polarizing figure in South Africa due to past legal controversies—including ongoing sexual assault charges—remains a contentious public figure. His supporters cheered outside the court following his release, while rights groups criticized what they see as recurring flaws in handling high-profile cases.
For now, Omotoso remains free, but legal analysts suggest Home Affairs may still take corrective action, provided they follow proper procedures this time.