By Lehlohonolo Lehana.
The state is seeking the recusal of the magistrate presiding over the case against self prociamed pastor Paseka “Mboro” Motsoeneng and his two co-accused.
Motsoeneng and his bodyguard, Clement Baloyi, returned to the dock at the Palm Ridge Magistrate’s Court on Monday, after his recent application to revisit bail hearing based on new evidence.
During Monday’s proceedings, state prosecutor Advocate Kenny Ramavhoya, standing in for Advocate Pheello Vilakazi, informed the court that the state was requesting the recusal of Magistrate Katlego Mokoena.
Vilakazi then took the witness stand to explain the reasons for this request.
The prosecutor testified that Mokoena had called the defence to her chambers without informing the prosecution, which is against standard procedure following the denial of bail for Motsoeneng and his bodyguard.
Fullview understands Magistrate told the self-proclaimed prophet’s legal team to correct their papers and resubmit the bail application based on new facts.
“The presiding officer commented and said the defence must fix their papers and bring an application. The only application that can be brought on fixed papers is an application on new facts,” the prosecutor told the court.
Vilakazi also claimed that Mokoena made inappropriate remarks when he encountered her in the court’s corridors on 2 September, questioning why the state was being “hard” on Motsoeneng.
The defence, comprising Advocate Phillip Dhlamini and Advocate Benjamin Maila, contested the state’s application and requested evidence to support the claims.
The lawyer stated that the recusal application was causing delays in hearing the defence’s new bail application.
“This is at the expense of my client’s time who needs to have their case heard,” Maila told the court.
Furthermore, Dlamini questioned Vilakazi about why he had not raised his concerns with Mokoena directly.
The court will deliver its ruling on the state’s recusal application on 11 September. Motsoeneng and Baloyi will remain in custody.