The state has brought an application before the Palm Ridge Magistrate's Court for the recusal of magistrate Katlego Mokoena, who is presiding over the matter involving pastor Paseka 'Mboro' Motsoeneng and his bodyguard Vincent Baloyi. Mboro and Baloyi were back at the Palm Ridge Magistrates Court today, where the self-proclaimed prophet is applying for bail for the second time with new facts after he was initially denied bail last month.

INAPPROPRIATE BEHAVIOUR 

National Prosecuting Authority Gauteng spokesperson, Phindi Mjonondwane, said the state has reasonable apprehension that Mokoena might not bring an unbiased mind in adjudicating the case before her. Mjonondwane said amongst 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. "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," Mjonondwane said. 

QUESTIONABLE CONDUCT 

 Mjonondwane added that the state is of the view that the mentioned circumstances brought Mokoena's conduct into question. "She had the opportunity to ventilate these aspects appropriately during the bail hearing, which is, in its nature, inquisitorial and a fact finding mission. The state had to bring this application to ensure that this hearing proceeded with fairness and without bias," she added. The court will hear if Mokoena will recuse herself from the case on Wednesday. Mboro, his son Revival and Baloyi were arrested early last month after a video went viral in which they were seen wielding pangas and guns at the Matshediso Primary School in Katlehong, demanding that his two grandchildren, whose mother passed away in April, be released to him. Initially, Mboro and Baloyi's case was postponed to 21 October 2024, for further police investigations, but he came back to court last week with his defence, telling the court that they have new facts that could strengthen his second bail application.