Magistrate to stay in Pastor Mboro case after state’s recusal application fails

The state’s recusal application against the magistrate presiding over the case against Paseka “Pastor Mboro” Motsoeneng and his two co-accused has been dismissed.

The National Prosecuting Authority (NPA) brought the recusal application against Magistrate Katlego Mokoena on Monday before the Palm Ridge Magistrate’s Court could hear Motsoeneng’s bail application on new facts.

State seeks magistrate’s recusal in Pastor Mboro case

According to prosecutor Advocate Pheello Vilakazi, Mokoena allegedly made questionable remarks to him about the case.

Vilakazi testified that the magistrate 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 on 19 August.

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

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

The prosecutor 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.

Magistrate delivers judgment

Delivering her ruling on the state’s recusal application on Wednesday, Mokoena highlighted that she would only be presiding over the bail application and not the trial itself.

The magistrate noted the defence was opposing her recusal, having argued that the state’s application had no basis and was “a deliberate stunt to use the presiding officer to delay the case”.

She found that the procedure used by the state for her recusal “significantly deviates from the established practice”.

“No attempt was made to engage with me, either in writing or in chambers before the application for my recusal was presented.

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

“I was not provided with an opportunity to evaluate the reasons for my recusal nor was I given any chance to present any facts on record.

“Be that as it may, the facts relied upon by the state or the inferences sought to be relied upon are drawn from the evidence of state witness Mr Vilakazi,” the magistrate said in her judgment.

“It is evidently clear that the state applied for my recusal in this matter in that they say I have shown an apprehension of bias as per the testimony of the state witness, Mr Vilakazi.

“They, therefore, want to disqualify me to hear the pending bail application on new facts and should I do so, I will be prejudicing the state.”

Watch the Mboro case below:

Prosecutor was speculating

The magistrate also addressed the events that transpired in court on 19 August.

“This court will not allow the state witness to distort what transpired to formulate an ill-considered narrative. There is no basis for the court to make such a comment.

“It is further by his own version that he is not sure whether the court met with the defence legal representative, therefore, it is safe to conclude that he is or was speculating.”

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

She added that Vilakazi as “an individual of his professional calibre” could have at least provided credible evidence to support his assertions.

“I mean it is common cause that his tools of trade or functions is to provide irrefutable proof when he fulfils his duties, but in this case, he operates on speculation.”

“It is further not in dispute that I had taken a leave of absence from office when this conversation of intending to bring a bail application that he speaks of. I cannot fathom how I would then conspire such a plan.”

Mokoena concluded that the state failed to make a case for her recusal and dismissed the application.