Bail proceedings in the case of “Panga” Pastor Paseka “Mboro” Motsoeneng, his son, Vincent Revival Motsoeneng and bodyguard Clement Camillot Baloyi, where they face a string of charges including kidnapping, continued at Palm Ridge Magistrate’s Court in Ekurhuleni on Monday.
The violent incident took place at Matsediso Primary School in Katlehong, captured on cellphone footage, went viral on social media and led to his tent church being razed the following day.
NPA spokesperson Phindi Mjonondwane confirmed that the three were facing 12 charges ranging from the kidnapping of minors and the possession of a dangerous weapon to the discharging of a firearm (Mboro), discharging of firearm (Baloyi), pointing of a firearm, assault by way of a threat (Mboro and Baloyi), assault (Mboro and son), malicious damage to property (Mboro), possession of unlicensed firearm (Baloyi) and possession of dangerous weapons (Mboro).
Five people, including the children’s grandmother and the uncle, were arrested after the incident. The grandmother and uncle were granted bail and are due back in court next month.
As State evidence was being read by the translator that Mboro and the accused carried semi-automatic rifles and pangas in front of learners, and were seen forcefully removing two learners from the school premises, Mboro was seen shaking his head profusely and acted shocked.
Mboro, 66, his son Motsoeneng, 27, and Baloyi, 43, are trying to convince the court to be given bail.
Defence lawyer, Advocate Phillip Dlamini, earlier asked to be given a copy of the affidavit to go through it.
While Dlamini was speaking, Mboro was seen praying in the dock, he had bowed down his head at the same time, and his son and Baloyi looked in front of the court.
Dlamini told the court that these were Motsoeneng’s biological children and it is wrong to be charged with kidnapping.
“Police confirmed that the children belonged to Motsoeneng who used to live with their late mother in a rented room. These are his children, he did not kidnap them. He took them to school and he went back later in the day to pick them up. Mboro went to the school after learning that his son was under attack. If you (the magistrate) can receive a call that your child is under attack, this case would stop and you would want to attend to the matter. That is what accused 1 did,” he said.
The court also heard that Mboro had been arrested nine times, and had given a number of different residential addresses. The State argued that he might be a flight risk. It was heard that all nine cases were withdrawn for various reasons while some are under investigation.
State prosecutor Pheello Vilakazi, however, said the accused gave false information as they have done in the bail application.
Vilakazi asked how can they be trusted because they are dishonest people.
He also asked the court what message it send to the community if the suspects were granted bail since they threatened children violently with pangas and weapons at school which is supposed to be a safe place in the country.
“It will not be in the interest of justice for any of the accused persons to be granted bail unless they can show evidence that their release will not undermine the interest of justice,” Vilakazi said.
He also said the accused are people who are willing to assist the State in the investigation of this matter. He said they had not provided information on the whereabouts of that rifle.
“So releasing accused 1, 2 and 3 on bail, in view of the fact they know the witnesses,” Vilakazi said.
He also said if Mboro goes to the church where a tent has been put up, it might incite community members.
Vilakazi said these suspects must not be given bail until the finalisation of the criminal case.
Dlamini again told the court that there was no denying that Motsoeneng was their father.
“For the interest of the children, the father must be released from prison. The allegation of kidnapping has no basis,” Dlamini said.
He emphasised that there is no basis for children to be removed from their father.
On August 9 at the same court, Kgadi Hlalele, a relative from the maternal side of the children, told journalists that they as a family would like to raise the children and the father would see/be with them once they are grown up. She also said the children were taking medication which is why the grandmother wants to raise them. Their mother died earlier this year.
When it comes to the nine withdrawn cases, Dlamini said nowhere in its submissions does the State demonstrate that the cases were withdrawn because the accused failed to attend the trial, nor was he a danger to the public.
Dlamini said the videos need to be authenticated before they can be submitted as evidence in court.
Vilakazi in his argument accused the suspects of being dishonest when it came to their addresses. However, Dlamini hit back, he accused the State of being “desperate”. He revealed that his team submitted a letter of municipal account to probe the eligibility that the address do exist.
Magistrate Katlego Mokwena delivering her judgment, denied bail to Mboro and Baloyi.
“Accused 3 you are released on warning with the following conditions, you are to have no direct or indirect contact with the witnesses of this matter, especially the maternal grandmother and aunt under the guidance and assistance of the Children’s Court, you are prohibited from entering the school premises where this incident occurred, up until the finalisation of this matter. The court is aware that this condition, it will impede you, exercising your parental rights and responsibilities, but this is only until the finalisation of the matter, alternatively, the outcome of the children court matter. You are therefore warned to appear at the court date, and failure to do so, you may have your release on warning cancelled.
“Therefore applicants number one and two, the application for bail is hereby denied,” said Mokwena.