Nigerian pastor and televangelist Timothy Omotoso is expected to leave South Africa on Sunday, marking what could be the end of a nearly decade-long legal battle. Omotoso has reportedly booked a flight departing from OR Tambo International Airport after being re-arrested by immigration officials on 10 May in East London for allegedly overstaying his permit.
Timothy Omotoso set for Nigeria amid NPA appeal
Omotoso’s decision to leave comes while his legal team is still challenging the Department of Home Affairs’ decision to declare him a prohibited person.
This label means he is no longer allowed to remain in South Africa, and under immigration law, he can be detained and deported.
His lawyer argues that his arrest was unlawful because he still had time to appeal the prohibition.
Despite this, Omotoso appears to have opted to leave voluntarily, a move that may now complicate the National Prosecuting Authority’s (NPA) legal plans.
Earlier this year, the Eastern Cape High Court acquitted Omotoso of serious charges including rape, human trafficking, and racketeering. The NPA has since filed papers to challenge that acquittal, saying there are strong reasons to believe the judge made legal errors.
If the NPA is allowed to appeal and wins that case, Omotoso could face new criminal proceedings.
Barry Madolo, the NPA’s Director of Public Prosecutions in the Eastern Cape, said in a statement:
“The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process.”
However, South African law does not allow the state to appeal just because it disagrees with a not guilty verdict. The appeal can only move forward if it can be shown that the judge made a mistake in applying the law.
This is allowed under Section 319 of the Criminal Procedure Act. The court must first explain why it ruled the way it did, and then the NPA can ask permission to appeal.
If Omotoso leaves the country before the appeal is heard, it may limit the NPA’s ability to proceed with the case—especially if South Africa cannot secure his return.
An internal NPA investigation is also underway to review how the prosecution was handled. This review is expected to be completed in June 2025.
Supporters of Omotoso gathered outside court earlier this week, singing and holding photos of the preacher. Meanwhile, Home Affairs maintains that Omotoso overstayed his permitted stay and should be removed from the country.
While a court had earlier ruled that he could not be deported until his appeal against Home Affairs was heard, his voluntary departure would sidestep that process—and, potentially, South African justice.
Whether this move will allow Omotoso to avoid facing any future legal consequences in South Africa remains to be seen.
