Televangelist Timothy Omotoso will have to wait five years if he wishes to return to SA after he was banned from the country.
Omotoso left for Nigeria through OR Tambo International Airport yesterday after being expelled for being in SA illegally.
This was after home affairs minister Leon Schreiber rejected his application that sought to overturn an earlier decision of the department to declare him as a prohibited person.
A video by SABC taken at OR Tambo International Airport on Sunday showed Omotoso, in a hoodie and sunglasses, awaiting his flight to Lagos.
"The minister’s decision meant that Omotoso was in the Republic of SA illegally. 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," said department spokesperson Siya Qoza.
"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."
Omotoso was recently acquitted of 32 charges including rape, racketeering, human trafficking and assault, stemming from allegations that he and his co-accused manipulated and abused young women, some reportedly as young as 14, under the guise of religious mentorship.
NPA spokesperson Adv Mthunzi Mhaga said recently that they planned to appeal the acquittal and that the decision followed a legal opinion from senior counsel and thorough consideration by experienced prosecutors.
“The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process. A convicted person may appeal a conviction on both facts and the law. However, the state can only appeal an acquittal judgment on a question of law [as opposed to facts], in terms of Section 319 of the Criminal Procedure Act (CPA),” said Mhaga.
However, Sowetan could not get hold of the NPA yesterday.
Legal analyst Mpumelelo Zikalala said the appeal will still continue in terms of the filing of the papers, but what it means is that before they are able to proceed, the NPA would need to bring him back to SA through extradition.
"The same thing that is happening with Bushiri, is the same process they will have to start with Omotoso. This is time, money and resources and the question is, do we have those? Maybe the answer is no.
"The one question to ask though is why did they take so long because from the basis of the judgment coming out and them making a decision is something that should have received priority, taking into account the status of the person who is accused in terms of whether they in the country legally or not. They knew there was a possibility of not getting him so why not start the process while he is still in the country so that they don't have to do the whole extradition?"
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