The National Prosecuting Authority (NPA) says if its appeal in the Timothy Omotoso case succeeds, it will apply to have the controversial Nigerian Pastor extradited and brought back to South Africa.
The prosecuting body made this comment on Sunday, after Omotoso left the country for Nigeria, his country of birth.
The NPA stressed that the South African legal system does not require active participation or the presence of an accused person during the hearing of an appeal by a court. An appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal (SCA), as well as the judiciary.
“Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that person considered undesirable, is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise.
“If the appeal succeeds, the NPA will apply for his extradition, to give effect to the order of the SCA. The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition,” the NPA said in a statement.
Omotoso was recently acquitted by the Gqeberha High Court after spending years behind bars accused of rape and human trafficking.
Meanwhile, the President of ActionSA, Herman Mashaba, said the Department of Home Affairs should ban Omotoso for life and never be allowed to set foot on South African soil. Mashaba was commenting after the department said Omotoso has been declared an undesirable person and is not allowed in South Africa for five years.
“Today, we welcome his deportation from South Africa and hope he never returns to a country whose people and laws he held in contempt. The same fate should befall anyone who either enters our country through fraudulent means or commits crime once here.
“While our call for harsh punishment against criminals is not limited to foreign nationals, we particularly advocate for severe sentences and eventual deportation in such cases. It is high time South Africa ceased to be seen as a haven for criminality,” Mashaba said.
