By Lehlohonolo Lehana.
Self-proclaimed pastor Paseka “Mboro’ Motsoeneng’s bail application, set for Monday, 9 September 2024, faced another delay after the State filed for the recusal of the presiding magistrate, Katlego Mokoena.
The State is accusing the magistrate of bias, following remarks at a previous hearing suggesting that the prosecution was being overly harsh on Mboro and his co-accused.
During Mboro’s brief appearance in the Palm Ridge Magistrates’ Court on 3 September last week, his second attempt to be released on bail was postponed when State prosecutor Peello Vilakazi claimed to be unaware of the application.
The State’s application for the recusal of Mokoena was led by prosecutor Tshilidzi Ramavhoya, with Vilakazi taking the stand as a witness.
The State’s request for recusal stemmed from an earlier incident in which Mokoena allegedly made comments questioning why the State was being harsh on Mboro, saying: “What has he done to you?”.
Vilakazi claimed that, after the gallery had cleared, the magistrate called the defence team to her chambers and advised them to “fix” the accused’s affidavits, which were filled with errors.
During the proceedings, Mokoena has dismissed an application for her recusal as the presiding judge.
“There is no basis, no merit to the submission as it is evident that the State witness sought to report or cook a narrative that is an apprehension of bias on the side of the court,” ruled Mokoena.
The State witness’s failure to approach me or his seniors questions his motives… It is clear that the State’s apprehension is not reasonable, objective, and not based on correct facts, which casts doubt on the integrity, credibility and judicial impairment of the court.
“This court will not allow the State witness to distort what transpired and what did not transpire to formulate an ill-considered narrative. There is no basis for the court to make such a comment.”
With the recusal matter resolved, Mboro and his bodyguard Clement Baloyi’s bail application encountered further delays.
It was their second attempt at securing bail after their first application was rejected in August. Mboro’s son was granted bail at this application.
On Wednesday, the defence, led by advocate Phillip Dlamini, challenged the application of Schedule 5 offences to the charges, which set a higher bar for being granted bail.
Dlamini argued that the prosecution had not provided a certificate for these serious charges and claimed a rifle that had been taken to the school was a replica.
He contended that his clients should instead be charged under Schedule 1, the least serious types of offences, asserting that it was “unfair” for them to remain in custody.
The prosecutor, Vilakazi, countered by requesting an adjournment to secure the certificate confirming the Schedule 5 classification. This led to further testimony from the investigating officer, Captain Maisibe Ngoepe.
Ngoepe testified that he had obtained a CCTV video from Matsediso Primary School which showed the accused entering the school with two rifles and two pangas. However, only one firearm was handed to the police for ballistic testing.
Ngoepe said that witnesses he interviewed reported being threatened with a pistol by Mboro. He said the video showed shots fired from a rifle retrieved from a black BMW, believed to belong to Mboro, indicating that it was not a replica but a dangerous weapon.
Mboro and his co-accused face 12 charges, including kidnapping, possession of an unlicensed firearm, discharging a firearm, assault and malicious damage to property.