Pastor Mboro ‘not a danger’ to Katlehong community, says defence

Paseka “Pastor Mboro” Motsoeneng’s legal representative has argued that his client should be granted bail, asserting that he poses no threat to the community.

The bail application hearing resumed in the Palm Ridge Magistrate’s Court on Monday after proceedings was delayed last week.

The case had to be adjourned on Friday due to the verification of the accused’s addresses.

School ‘kidnapping’

Motsoeneng, along with his bodyguard Clement Baloyi and a relative who cannot be named, faces multiple charges, including kidnapping, possession of an unlicensed firearm, and assault.

These charges stem from an incident two weeks ago at Matsediso Primary School in Katlehong, Ekurhuleni, where the accused allegedly kidnapped two minors.

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.

The minors’ grandmother and the children’s uncle were also arrested, taking the total number of suspects to five.

‘Interest of justice’ for bail release

During Monday’s proceedings, Advocate Phillip Dhlamini, representing the accused, argued that releasing the three men on bail was in the interest of justice.

Dhlamini referenced the Constitution, the Children’s Act, and the South African Schools Act, emphasising that these laws were relevant to the case.

He asserted that Motsoeneng’s relative had a legal right to provide care for the two children under these statutes.

While acknowledging the gravity of the kidnapping charge, which he described as “a serious offence”, Dhlamini contended that the accusation lacked merit.

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

“Your worship, the state has not put any documentary [or] evidentiary proof that either the grandmother or any other person has been granted by a family court or any other court that has jurisdiction with authority to take over the children from [accused three].”

The defence lawyer highlighted that the custody battle was still before a court of law.

He told the court the state has not alleged that the three accused will attempt to evade trial if they are released from custody.

“In reality, that has not been contested.”

Watch the bail hearing below:

Mboro ‘not a danger’

Dhlamini contended that the state’s argument claiming the accused’s release would disrupt public order lacked merit.

“The allegation is not substantiated,” he said. “It is something that the police are trying to put this court in a situation where it is in doubt.”

The advocate further pointed out that Motsoeneng’s church had been burned down.

Nevertheless, he said, the pastor continues to have the support of his community.

“The people of Katlehong have been supporting and they are not against the law. Your worship, I’ve displayed to you that the allegation that the community is in danger has no substance; it has no basis.

READ MORE: Gwarube urges police to investigate Mboro’s panga incident while Sadtu condemns it

“In fact, the church is just behind the police station, it would take less than three minutes to reach the church.

“But because the state is playing into the public gallery, they want everybody to see the first accused to be so bad in the community and they come up with all these allegations. In fact, it looks like it has a political connotation your worship.”

Dhlamini described the trespassing charge as “scandalous, vexatious and irrelevant”, saying the relative of the children had a responsibility to pick the minors up from school.

Mboro’s previous arrests

Last Friday, investigating officer Maisibe Ngwepe’s affidavit was read out in court and detailed the state’s reasons for opposing bail.

The affidavit revealed that Motsoeneng has been arrested on nine separate occasions; however, those cases were later withdrawn.

The police are currently investigating the withdrawal of the cases and could be reinstated on the court roll.

But Dhlamini argued that the state only withdraws a case when it has not gathered sufficient evidence to prosecute successfully.

READ MORE: Panga pastor: Save us from these zealots

The advocate emphasised that the investigating officer failed to specify when the charges against the pastor were filed and when they were subsequently withdrawn.

“The court cannot work on speculation. Do those charges contribute towards granting or refusal of bail? Your worship, I submit that they are not relevant. It’s just an effort to try and dent the image of the first applicant.”

Motsoeneng informed the court last week that he is unemployed and can only afford R3 000 for bail, while his co-accused stated they could each manage R500.