‘Biased’ magistrate remains on Mboro panga case
The state sought the removal of Katlego Mokoena, the magistrate handling Pastor Mboro’s panga case, due to alleged bias.
Magistrate Katlego Mokoena from Palm Ridge will continue to oversee the case involving self-proclaimed pastor Paseka ‘Mboro’ Motsoeneng.
The National Prosecuting Authority (NPA) had filed an application for Mokoena’s recusal over claims of bias.
MAGISTRATE IN PASTOR MBORO CASE TO STAY ON
On Monday, 9 September, NPA spokesperson in Gauteng Phindi Mjonondwane said among the reasons advanced by the state was that Katlego Mokoena invited the defence team to her chambers in the state’s absence and allegedly informed them to “go and fix” the poorly constructed affidavit before bringing an application on new facts.
Furthermore, the magistrate allegedly made inappropriate remarks to the prosecutor seized with the bail application, saying he was harsh towards the accused.
“Lastly, on 2 September, 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,” she added.
Mjonondwane said the state is of the view that the above-mentioned circumstances brought Mokoena’s conduct into question, as she had the opportunity to ventilate these aspects appropriately during the bail hearing, which is, by its nature, inquisitorial and a fact-finding mission.
On Wednesday, 11 September, Mokoena dismissed the NPA’s application saying the evidence presented in court failed to prove the alleged claim of bias.
WHY IS THE SELF-PROCLAIMED PROPHET IN JAIL?
As previously reported, Mboro was arrested with his son and bodyguard in August after brandishing dangerous weapons at Matsediso Primary School in Katlehong on 5 August.
Mboro and his bodyguard Clement Baloyi were denied bail on 19 August due to insufficient proof to justify his release while his son was released on warning. He is challenging the decision.
According to the NPA, pastor Mboro and his co-accused face a string of charges, including kidnapping, possession of dangerous weapons and unlicensed firearms, possession of a prohibited firearm, assault by way of threat, pointing of firearms, discharging of a gun and malicious property damage.