“Panga Pastor” Paseka “Mboro” Motsoeneng’s legal team has welcomed the ruling by Magistrate Katlego Mokoena, when dismissing the State’s recusal application.
From the onset, the defence was against the recusal application.
This means that Mboro and co-accused Vincent Baloyi will continue to apply for bail on new facts.
While addressing Prosecutor Pheelo Vilakazi, also the State’s witness, Mokoena said the court will not allow the State to distort what transpired to formulate an ill-considered narrative. The presiding officer read procedures followed before making the judgement, she concluded that the State’s case lacked merit.
Mokoena said the State should have engaged her rather than accusing her of being biassed.
“The court was down funded by the State’s application. Damned if I do, damned if I don’t,” said Mokoena.
She was referring to an act that if she recuses herself, it would not make a difference and that she was bound by her oath of office.
Mboro was seen in a jovial mood as the decision was read out, raising his arms and thankingd his God.
Entering the dock, Mboro wore a big smile and engaged members of the media.
The judgement unfolded before a packed gallery, including many members of Incredible Happenings Church who are supporting their leader, Mboro.
The two are facing a string of charges including kidnapping, discharging firearms and possession of illegal firearms.
On Monday, the State brought an application before the Palm Ridge Magistrate’s Court seeking the recusal of Mokoena amid expressing concerns that she might not approach the case with impartiality.
Phindi Mjonondwane, National Prosecuting Authority (NPA) Regional spokesperson - Gauteng Division, said among the reasons advanced by the State was that Mokoena invited the defence team to her chambers in the absence of the State and allegedly informed them to “go and fix” the poorly-constructed affidavit before bringing an application on new facts.
Vilakazi had said Mokoena allegedly made inappropriate remarks to the prosecutor seized with the bail application that he was harsh towards the accused.
Lastly, on September 2, she enrolled the case brought by the applicants without the required documentation, namely a proper requisition that would have allowed her to entertain them and failed to probe why the applicants were before her with a new counsel and not the counsel on record.
Mokoena denied Mboro and his Baloyi bail last month.
Mboro’s attorney, Advocate MoAfrika wa Maila, during the last appearance criticised the court for its handling of the case, claiming his client is being mistreated.
Maila also highlighted that their fees amount to approximately R100 000 per case, which he said has placed a financial strain on his client while he remains in custody.
Last month, Mboro, Baloyi, and his son, Revival Motsoeneng, used pangas and a rifle to intimidate staff at a Katlehong primary school, forcibly taking two learners from the premises.
The Star