The application for the recusal of the magistrate presiding over self-proclaimed Prophet Paseka 'Mboro' Motsoeneng's case has been dismissed. The application was brought by the National Prosecuting Authority on behalf of state prosecutor Advocate Pheello Vilakazi on Monday, citing that Magistrate Katlego Mokoena might not bring an unbiased mind in adjudicating the case before her.

NOT HANDLING THE TRIAL

Delivering her judgment on the state's recusal application, Mokoena highlighted that she would only be presiding over the bail application and not the trial. Mokoena took note that the defence is opposed to her recusal, arguing that the state's application had no basis and was a deliberate stunt to use the presiding officer to delay the case. "No attempt was made to engage with me, either in writing or in chambers, before the application for my recusal was presented. 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," Mokoena said in her judgment. She added, "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."

INAPPROPRIATE REMARKS 

Amongst the reasons outlined by Vilakazi was that the magistrate 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. "Furthermore, she allegedly made inappropriate remarks to the prosecutor seized with the bail application that he was harsh towards the accused. Lastly, on 2 September 2024, 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." The state was of the view that the above-mentioned circumstances brought her conduct into question. Mboro and his co-accused and bodyguard Vincent Baloyi bail application continues at the Palmridge Magistrate's Court.