Pastor Paseka "Mboro" Motsoeneng, a controversial South African pastor, has been denied bail by magistrate Katlego Mokoena and his bodyguard, Clement Baloyi. The court denied bail, stating that the accused did not dispute the state's strong case against them and failed to prove why they should be granted bail.
The Palm Ridge magistrate's court released Motsoeneng's son on warning, but Mokoena said the affidavits presented by Motsoeneng and Baloyi were not satisfactory. She said what the accused needed was simply to prove to the court that the interest of justice permitted them to be released on bail, which they failed to do. Mokoena said the court was a "creature of statute" and does not operate on emotions or influence.
Prosecutor Pheello Vilakazi submitted additional video footage of the incident, showing accused No 1 carrying an AK-47 in front of children in creche months before. He also claimed the accused were still in possession of the second rifle, which none had a permit for, leading to questions about whether their release on bail would endanger public safety.
Mokoena said if the applicant fails to discharge the onus, it is clear what should follow as a result thereof. He said their affidavits do not dispute they are linked to the offences preferred by the state. There is a strong case against them and, frankly, they did not put up a fight ensuring that the evidence submitted by them holds enough water to discharge their onus.
The three face multiple charges including kidnapping, possession of dangerous weapons, and assault. The charges stem from an incident at Matshidiso Primary School in Katlehong, on the East Rand, which was captured on video and went viral on social media. In the video, Motsoeneng is seen wielding pangas alongside a gunman at the school, while two children cry hysterically nearby.
Mokoena said the investigating officer in the matter said Motsoeneng was the instigator and a danger to society, witnesses, and the maternal grandparents. Police also said Motsoeneng had not provided an accurate address and they would not be able to find him if he was released on bail. The children's maternal grandmother and uncle, who cannot be named to protect the minors' identity, were also arrested and made a separate appearance where they were granted R1,000 bail each.
Motsoeneng's defense counsel, Adv Philip Dlamini, accused the prosecution of "playing to the public gallery" by raising issues the defence claims are not of "relevance" to the bail application. Dlamini confirmed Motsoeneng's son had four children with a woman who had recently died and was living with her in a rented room before her death. This woman's family is embroiled in a custody dispute with the Motsoeneng family, and the case was postponed to October 22.
