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

Pastor Paseka ‘Mboro’ Motsoeneng’s bail application, set for Monday, 9 September 2024, faced another delay after the State filed for the recusal of the presiding magistrate, Katlego Mokoena. The State is accusing the magistrate of bias, following remarks at a previous hearing suggesting that the prosecution was being overly harsh on Mboro and his co-accused. 

During Mboro’s brief appearance in the Palm Ridge Magistrates’ Court on 3 September last week, his second attempt to be released on bail was postponed when State prosecutor Peello Vilakazi claimed to be unaware of the application.

The State’s application for the recusal of Mokoena is being led by prosecutor Tshilidzi Ramavhoya, with Vilakazi taking the stand as a witness.

The State’s request for recusal stemmed from an earlier incident in which Mokoena allegedly made comments questioning why the State was being harsh on Mboro, saying: “What has he done to you?”

Vilakazi claimed that, after the gallery had cleared, the magistrate called the defence team to her chambers and advised them to “fix” the accused’s affidavits, which were filled with errors.

Vilakazi noted that he had not been included in that meeting and only later learnt about Mboro’s new bail application, which was based on “new facts”.

Vilakazi argued that these interactions suggested an improper bias in favour of Mboro. He viewed the magistrate’s behaviour as inappropriate, forming the basis for the State’s application to have her recused from the case.

Fairness of the judicial process

Mboro’s supporters rally

Charges against Mboro