IN PICS | NPA’s bid to have magistrate in pastor Mboro case recuse herself fails

The National Prosecuting Authority has failed in its bid to have the magistrate presiding over Paseka “pastor Mboro” Motsoeneng’s case recuse herself.

Katlego Mokoena, who had listened to the state’s argument in its application on Monday, ruled she would not recuse herself.

The magistrate said on Wednesday the state’s witness, advocate Pheello Vilakazi, had distorted facts to formulate an ill-considered narrative. Mokoena said the state had not discharged the onus that there would be reasonable apprehension of bias.

“I therefore conclude the state, with the evidence they have presented, have not discharged the onus resting upon them to show their apprehension of bias is reasonable,” she said.

“I also conclude the double requirement of reasonableness that the application of the recusal test imports is not discharged.”

Motsoeneng’s urgent bail application was due to continue after an adjournment following the ruling.

Motsoeneng, a relative and bodyguard Camillot Baloyi face multiple charges including kidnapping, possession of dangerous weapons and assault. The charges stem from an incident at Matshidiso Primary School in Katlehong, Ekurhuleni, 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.

The relative was granted bail while it was denied for Motsoeneng and Baloyi.

SowetanLIVE