Pastor Paseka "Mboro" Motsoeneng and his bodyguard at the Palm Ridge magistrate's court in Ekhuruleni, 11 September 2024, for a fresh bail application “on new facts” after their previous application was unsuccessful in August. Picture: Nigel Sibanda/The Citizen
The Palm Ridge Magistrate’s Court has granted Incredible Happenings Church pastor Paseka ‘Mboro’ Motsoeneng bail of R3,000.
Mboro and his bodyguard Clement Baloyi returned to the Palm Ridge Magistrate’s Court for his new bail application bid on “new facts”.
The prosecutor on Thursday said that the state was of the view that one of the firearms held by Motsoeneng did not fall under Section 4 of the Firearms Control Act.
ALSO READ: Magistrate to stay in Pastor Mboro case after state’s recusal application fails
“The state concedes that count 4 is not substantiated by the ballistic report. When the charges were preferred, the 212 statement was not in the possession of the state,” said the prosecutor.
Based on the new evidence before the court, Motsoeneng’s bail application was therefore not a schedule 5 matter, said the prosecutor.
In response, Mboro’s lawyer said they applied for bail because the matter was no longer a Schedule 5, but Schedule 1.
“We are not opposed to the court setting the conditions. However, the conditions should allow the applications to be able to do their social responsibilities. They have work they’re doing. So, we would like that the conditions should allow them to continue helping the community,” said the defence.
He further requested that Mboro’s bodyguard, accused number 2 in the case, be released on free bail.
“He’s just a worker.”
The prosecutor did not oppose the bail amounts and only requested that suitable conditions be attached to the bail.
ALSO READ: ‘He deserves to be in jail,’ say Pastor Mboro’s family outside court
They were ordered not to contact the witnesses in the case, whether physically, through a text message or via social media. They were also instructed not to be seen entering Matsediso Primary School in Katlehong, where Mboro’s grandchildren attend.
The suspects will make their return to court on 21 October 2024.
This was Mboro’s second attempt at bail.
Magistrate Katlego Mokoena initially denied him bail on 19 August. His son was, however, released on warning.
Mboro, Baloyi and his son face 12 charges, including kidnapping, possession of an unlicensed firearm, and assault.
This after an incident at Matsediso Primary School in Katlehong, where the accused allegedly 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.
READ MORE: ‘He deserves to be in jail,’ say Pastor Mboro’s family outside court
Mboro’s church was reduced to ashes after it was set on fire by a mob, predominantly composed of schoolchildren, just a day after his arrest.
The incident intensified a custody dispute between the pastor’s son and the children’s maternal family following the death of their mother.
The grandmother and the children’s uncle were also arrested, taking the total number of suspects to five.
They were granted bail of R1 000 each and will return to court on 10 September.
Additional reporting by Molefe Seeletsa
Download our app and read this and other great stories on the move. Available for Android and iOS.