Paseka ‘Pastor Mboro’ Motsoeneng at the Palm Ridge Magistrate’s Court on 7 August 2024. Picture: Michel Bega/The Citizen
Paseka “Pastor Mboro” Motsoeneng and his bodyguard will remain in custody after being denied bail on Monday.
Motsoeneng, along with his bodyguard Clement Baloyi and a relative who cannot be named, were in the dock at the Palm Ridge Magistrate’s Court for the continuation of their bail applications.
The suspects face 12 charges, including kidnapping, possession of an unlicensed firearm, and assault.
ALSO READ: Pastor Mboro ‘not a danger’ to Katlehong community, says defence
These charges stem from an incident at Matsediso Primary School in Katlehong, Ekurhuleni, 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, who are related to Motsoeneng.
The incident has intensified a custody dispute between the relative and the children’s maternal family following the death of their mother.
Delivering her ruling, Magistrate Katlego Mokoena stated that she considered the personal circumstances of the three men.
Motsoeneng had informed the court last week of his unemployment and his inability to afford more than R3 000 for bail, while his co-accused indicated they could each manage only R500.
The presiding officer noted that the affidavit from investigating officer Maisibe Ngwepe provided extensive details about the incident on 5 August and outlined the reasons for opposing the accused’s bail.
READ MORE: ‘He deserves to be in jail,’ say Pastor Mboro’s family outside court
She, however, stated that the court “disappointingly noted that all three affidavits was a cut and paste of one of the other with only [slight] differences as the respective personal circumstances can never be the same”.
“There is a clear copy and paste of the Criminal Procedure Act sections which the applicants must elaborate and discuss in order to show that they are candidates suitable for their release on bail, but they failed to do so,” Mokoena said on Monday.
The magistrate stated that Motsoeneng provided the court with nothing more than a record of his circumstances.
“He does not thoroughly explain the impact of his incarceration. He only informs the court that he is responsible for 30 employees and that his church members will suffer spiritually if he is not released.
“He does tell this court his mother will suffer as he financially provides for her needs and medical needs. He does not explain how he was arrested nor does he explain the charges that he faces.”
She said the pastor failed to acknowledge that the incident was recorded and subsequently caused “a social media frenzy”.
READ MORE: Pastor Mboro’s church in Katlehong set on fire by angry community [VIDEO]
Additionally, Motsoeneng did not explain that his church was reduced to ashes.
“Applicant one simply gives no effort in addressing the factors which will enable him to successfully discharge the onus placed on him.”
Mokoena rejected Ngwepe’s claim that the accused did not have fixed residential addresses.
The presiding officer highlighted that the court was only required to ensure that all three accused will attend their trial rather than to determine their guilt.
She granted the release of Motsoeneng’s relative on warning with conditions, while the pastor and his bodyguard were denied bail.
The case was postponed to 21 October for further investigations.
Download our app and read this and other great stories on the move. Available for Android and iOS.