‘Mboro’ and bodyguard denied bail while son released on warning

Katlehong pastor Paseka “Mboro” Motsoeneng and his bodyguard have been denied bail while Mboro's son was released on warning.

The trio face a raft of charges, including kidnapping, possession of a dangerous weapon, discharging a firearm and pointing a firearm. Their bail application was for a schedule five offence.

“In considering all the evidence before the court, the evaluation of the factors listed ... applicant number 1 and 2 [Motsoeneng and his bodyguard] did not discharge the onus that rests on them and have not adduced any evidence which has satisfied this court that it is in the interests of justice that they be admitted to bail ... therefore applicant one and two, your application for bail is denied,” magistrate Katlego Mokoena said in her ruling.

“Applicant number 3, there's no basis that you should be detained until the finalisation of this matter, and therefore, the court shall grant his release from custody. So ... applicant three, you're released on warning with the following conditions: you are to have no direct or indirect contact with the witnesses save for the maternal grandmother and aunt under the guidance of the court.”

Motsoeneng's son, who cannot be named to protect the interests of the children, was also barred from entering the premises of Matshediso Primary School, where his two minor children attend school.

The magistrate spent a significant amount of time summarising the facts contained in the state and defence's affidavits. While she disputed the issues flagged by the state around the addresses of the accused, she lamented the “sloppy” and “cut and paste” affidavits the trio relied on in their bail bid.

While she eventually sided with the state in her ruling, Mokoena also criticised the NPA for submitting an affidavit replete with “unnecessary spelling errors” and compiled with “not much great care”.

In spite of this, the same affidavit ultimately helped Motsoeneng's son in his successful bail bid.

“There is a clear copy and paste of the Criminal Procedure Act, which the applicants must discuss in order to show [their suitability for bail], but they failed to do so,” she said.

Mboro, his 27-year-old son and bodyguard Clement Camillot Baloyi, 43, were in the Palm Ridge magistrate's court on Monday for the second day in their bid to be released on bail.

The self-proclaimed prophet shocked the country and his community when videos emerged of him wielding a panga and being escorted by an armed entourage while entering Matshediso Primary School earlier this month.

One of his private bodyguards, scaring pupils, entered the school and walked out carrying two crying children, who were said to be Mboro’s grandchildren. His co-accused son is the father's children.

TimesLIVE