Magistrate in ‘Pastor’ Mboro case refuses to recuse herself

The magistrate presiding over Pastor Paseka “Mboro” Motsoeneng’s bail application on Wednesday dismissed the State’s bid for her to recuse herself over allegations of bias.

“There is no basis, no merit to the submission as it is evident that the State witness sought to report or cook a narrative that is an apprehension of bias on the side of the court,” ruled magistrate Katlego Mokoena in the Palm Ridge Magistrates’ Court.

“The State witness’s failure to approach me or his seniors questions his motives… It is clear that the State’s apprehension is not reasonable, objective, and not based on correct facts, which casts doubt on the integrity, credibility and judicial impairment of the court. 

“This court will not allow the State witness to distort what transpired and what did not transpire to formulate an ill-considered narrative. There is no basis for the court to make such a comment.”

Read more: Pastor Mboro’s bail hearing delayed amid application to have magistrate recused

The State’s recusal application was based on claims that Mokoena was biased. It contended that she had made biased remarks at a previous hearing when she suggested that the prosecution had been too harsh on Mboro and his co-accused.

The State’s complaints included that Mokoena invited the defence team to her chambers without the State present and allegedly advised them to “go and fix” Mboro and his co-accused’s poorly constructed affidavits.

The State also accused Mokoena of making inappropriate comments about the prosecutor’s harshness and enrolling the case without the necessary documentation. The State argued that these issues put Mokoena’s conduct into question and necessitated her recusal to ensure fairness and avoid bias.

The case against Mboro stems from a widely circulated video showing Mboro, his bodyguard and his son causing chaos at Matsediso Primary School in Katlehong, Gauteng. The video depicted the group wielding pangas, pointing firearms at school staff and allegedly abducting two children thought to be relatives of Mboro.

The incident is believed to be linked to an ongoing custody dispute involving the children.

Further delays