Defence asks for evidence as state seeks magistrate’s recusal in Pastor Mboro case

The state is seeking the recusal of the magistrate presiding over the case against Paseka “Pastor 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.

This follows Motsoeneng’s recent application to revisit his bail hearing based on new evidence.

Both the pastor and Baloyi were denied bail on 19 August, while his son was released with a warning.

State wants magistrate’s recusal in Pastor Mboro case

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.

The magistrate allegedly told the self-proclaimed prophet’s legal team to correct their papers and resubmit the bail application based on new facts.

ALSO READ: ‘I’m being punished because I’m popular’: Pastor Mboro causes scene as he seeks bail again

“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.

Additionally, the prosecutor stated that he was not informed of the date when the pastor appeared in court again on 28 August to seek bail.

Watch the proceedings below:

PASTOR PASEKA 'MBORO' MOTSOENENG IN NEW BAIL BID https://t.co/in5CS7u8mH

— Newzroom Afrika (@Newzroom405) September 9, 2024

Defence rejects state’s recusal application

The defence, comprising Advocate Phillip Dhlamini and Advocate Benjamin Maila (also known as Moafrika Wa Maila), contested the state’s application and requested evidence to support the claims.

“He is exposing his own court that there is maladministration. I do not see any where the issue of a presiding officer having to recuse themselves from this matter.

“Can we perhaps find substantial reasons that suggest constitutionally or legally, so why must the presiding officer recuse themselves from very substantial evidence? So far, there is nothing,” Maila said.

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.

READ MORE: ‘He’s paying R110K a day for legal fees’ – Mboro’s lawyer says case not receiving due urgency

Furthermore, Dlamini questioned Vilakazi about why he had not raised his concerns with Mokoena directly.

“If you have an issue with your colleagues, is it not professional to go to them and talk to them and raise your issue with them?”

Vilakazi replied that there was no policy or directive requiring him to address his concerns directly with the magistrate.

The court will deliver its ruling on the state’s recusal application on 11 September.

Meanwhile, Motsoeneng and Baloyi will remain in custody.

Pastor Mboro viral video

Motsoeneng, his close relative, and his bodyguard face multiple charges that include kidnapping, possession of dangerous weapons and assault.

These charges stem from an incident at Matsediso Primary School in Katlehong, where the accused kidnapped two minors on 5 August.

A video of the event went viral on social media, showing the three men armed with pangas and an assault rifle as they forcefully took the children.

The incident intensified a custody dispute between the pastor’s son and the children’s maternal family following the death of their mother.

NOW READ: ‘He deserves to be in jail,’ say Pastor Mboro’s family outside court