Home Affairs says it has noted the release of the Nigerian national televangelist, Timothy Omotoso by the East London Regional Court.
Omotoso appeared in the court on charges related to contravention of the Immigration Act, following his arrest on Saturday in the East London CBD.
He was released because the Department of Home Affairs did not follow correct procedures, as he was supposed to be brought to court within 48 hours of his arrest which expired at 7am on Monday.
Omotoso only appeared in court at 2pm on Monday afternoon. The Department of Home Affairs says it will consider its position going forward once it has received the written judgment.
Meanwhile, the National Prosecuting Authority NPA is appealing the judgment of the Eastern Cape Division of the High Court in Gqeberha relating to the case against Omotoso and two others.