The Department of Home Affairs says the East London Magistrate who released Pastor Timothy Omotoso erred. He was arrested for contravening the Immigration Act and has since been deported.

The department was briefing the Portfolio Committee on Home Affairs on the impact of litigation, as well as issues of state-funded legal representation of undocumented foreign nationals.

Director General for Home Affairs Tommy Makhode says, “There were two issues that we are of the view that the Magistrate Kevin van Brant has erred, misdirected himself. The first one is what Advocate Malakate stated that the person is to appear within 48 hours or as it states here on the next day, and it’s specifically states that period will be extended up to 4pm of the first following court date. And we are of the view that the arrest was still within the confines in terms of the legislation. The second area, chair, where we believe that the magistrate misdirected himself is with regard to indicating that Mr Omotoso still had an opportunity to appeal to the DG.”

Meanwhile, the MK Party has renewed its calls for the removal of the National Prosecuting Authority head Shamila Batohi, citing incompetence and inability to prosecute critical cases.

The party says that the acquittal of deported Nigerian televangelist, as well as lack of progress in the murder case of former ANC Youth League leader Sindiso Magaqa, constitute grounds to have Batohi dismissed.

“Because of the incompetence of the current NDPP, or of the current incumbent, that institution is highly compromised, and if we really care about the people of South Africa, and if we really care about the fight against crime in South Africa, we must recall … or the president, because he’s the only one who has powers to initiate the process … must recall the current NDPP with immediate effect,” says the MKP’s Sbonelo Nomvalo.

Timothy Omotoso leaves South Africa, returns to Nigeria: