Pastor Timothy Omotoso's lawyers challenge deportation order in urgent court bid
Controversial pastor Timothy Omotoso's legal team has brought an urgent application to review the decision by Minister of Home Affairs Leon Schreiber, declaring him a prohibited person in South Africa. He also made an appearance in the East London Magistrates' Court on Monday afternoon for an inquiry into his deportation.
Pastor Timothy Omotoso is fighting to stay in South Africa and did legal battle in both the East London Magistrates' Court and the high court on Monday.
Omotoso was leading a 'New Dawn' crusade in East London when he was arrested on Saturday, 10 May, his first church appearance since he was released from custody last month.
After spending seven years awaiting trial on charges of sexual assault and the human trafficking of young women in his congregation, Omotoso was acquitted of the charges by Judge Irma Schoeman, who found the State had botched the prosecution by, among other matters, failing to cross-examine properly or lead corroborating evidence.
Following his April release from custody, Omotoso appeared in East London, where a branch of his church, Jesus Dominion International, remains open. The Gqeberha-based branch was closed in 2018 after protests by the ANC Women's League and a municipal finding that it violated a by-law.
Obed Molemo, a spokesperson for Christians for South Africa, said on Monday that they were concerned Omotoso had been arrested without the correct paperwork.
Supported by Omotoso backers who requested anonymity, Molemo said that police commanders at Fleet Street and Cambridge police stations in East London had initially refused to detain Omotoso because they had not received the proper documentation.
'The letter about him being declared a prohibited person came late,' Molemo said. He said the police finally detained him in Mdantsane.
'We feel the attack on Omotoso is personal,' Molemo said.
The South African Police Service has not commented on these allegations.
Protests and support
The proceedings against Omotoso were delayed for hours on Monday while agitated church members, some wearing choir uniforms, sang in support of the pastor.
Members of other churches, among them some of the city's prominent clergy, also protested, calling for his immediate deportation. The EFF in the Eastern Cape joined the call for Omotoso to be deported.
According to the Scalabrini Centre, a person arrested pending deportation must be brought before the court within 48 hours. Omotoso appeared for an inquiry on Monday afternoon. While the hearing initially took place in chambers, it was later opened to the public.
The law further states that a person must then be informed of a deportation decision in writing. In submissions made to the court on Monday, Omotoso's legal team said the letter served on him was identical to one used in 2022 when he was declared a prohibited person.
At that time, the grounds were that Omotoso possessed fraudulent documentation. The same reason is now again being used.
In 2022, Omotoso was declared a prohibited person by the then Minister of Home Affairs, Aaron Motsoaledi. This was after the pastor's internal appeal to Home Affairs officials had been dismissed. The Department of Home Affairs, however, conceded that this decision was open for review.
Back then, Omotoso's lawyers argued that a judge, and not Home Affairs officials, should decide whether he was a prohibited person, claiming the department was biased against him.
At the time, Omotoso accused Home Affairs of 'forming a united front' with the National Prosecuting Authority.
The court disagreed, and the matter was remitted to the current Minister of Home Affairs, Leon Schreiber, who reaffirmed the decision to declare Omotoso a prohibited person.
It was this decision that was explained to Omotoso in a letter served on him on Saturday, when he was arrested.
Omotoso's legal team has now filed an urgent application in the East London High Court seeking to have this decision set aside. He is expected to appear in court again on Tuesday.
Meanwhile, the National Prosecuting Authority has not indicated whether it will appeal against Judge Schoeman's ruling. DM
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