Pastor Paseka 'Mboro' Motsoeneng's bail application has been delayed due to the State's application to have the magistrate hearing the case recused. 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.
Mboro's defence team, however, rejected the State's claims, arguing that no substantial evidence of bias had been presented. They suggested that if Vilakazi had been displeased with the magistrate's comments, he should have addressed the issue directly with her. The defence further accused the State of delaying proceedings through unnecessary applications and claimed that Vilakazi's exclusion from the meeting was not a deliberate act.
On the sidelines of the court proceedings, Advocate Moafrika Wa Maila, representing Mboro, stated that they believe this is not a big case as it has been hyped by the public. They dispute the charges and believe they are being exaggerated. Ramavhoya highlighted that Vilakazi's testimony indicated that the magistrate had specifically invited only the defence team into chambers.
Outside the Palm Ridge Magistrates' Court, a large group of Mboro's supporters gathered to demand his release, chanting slogans and waving banners emblazoned with the now-viral #FreeMboro. Many of whom are part of his Christian congregation, argue that he is being unfairly targeted. According to Wa Maila, they have received more than 1,000 letters from the Christian community in support of Mboro's release.
Mboro was arrested in August 2024 alongside his son and Mboro's bodyguard, Clement Baloyi, on multiple charges, including kidnapping, possession of an unlicensed firearm, and assault. Mboro's son has already been released on bail with conditions, but both Mboro and Baloyi remain in custody, awaiting the outcome of their bail application.
Mboro's bail application will continue to be heard only after the outcome of the State's recusal application, which will be delivered on 11 September 2024. The other two accused in the matter, the children's maternal grandmother and their uncle, were released on R1,000 bail each in August on the condition that they have no direct or indirect contact with the complainants or State witnesses. They face intimidation and assault charges after cases were lodged against them by Motsoeneng.
