The Palm Ridge Magistrate’s Court in Katlehong will hand down a judgment in an application brought by the state for the recusal of Magistrate Katlego Mokoena who is presiding over a case against self-proclaimed prophet Pastor Paseka “Mboro” Motsoeneng and his bodyguard Clement Baloyi, on Wednesday
Motsoeneng and Baloyi are challenging the court’s decision to deny them bail.
The two, including Motsoeneng’s son who was released on warning, are facing charges that include assault, kidnapping, and possession of dangerous weapons.
This follows an incident that was captured on video at Matshediso Primary School where two grandchildren were allegedly kidnapped by the pastor and his accomplices last month.
The pair had initially brought new evidence in their bail bid.
The state has questioned Mokoena’s ability to be fair in her management of the matter.
It is alleged that Mokoena invited the defence in the matter to a meeting in her chambers in the absence of the state and informed them to fix the “poorly constructed” affidavit before bringing an application on new facts.
In a statement, the state further alleges that Mokoena enrolled the case brought by the applicants without 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 one on record.
National Prosecuting Authority spokesperson Phindi Mjonondwana says the state is of the view that Mokoena’s conduct brought her “conduct into question as she had an opportunity to ventilate the aspects appropriately during the bail hearing, which is in its nature, inquisitorial and a fact-finding mission.”
Mjonondwana adds that the state had to bring that application to ensure that this hearing proceeded with fairness and without bias.