Is Mboro on a slippery road to nowhere?

Is this the beginning of the end for controversial pastor Paseka "Mboro" Motsoeneng?

On Monday, magistrate Katlego Mokoena denied the charismatic church leader and his bodyguard, Clement Baloyi, bail, saying they 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.

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 it does not operate on emotions and/or influence. It is not a reactionary court but simply deals with the facts presented before it".

"It is quite unfortunate that the affidavits presented by the applicants in this court were not satisfactory and, simply, they were just not giving anything," she said.

Prosecutor Pheello Vilakazi earlier in the day submitted that there was additional video footage of the incident “which may not have gained [as much] popularity” as the one widely shared.

“There's footage the state is in possession of showing accused No 1 [Motsoeneng] had another rifle in his [car] boot. He took out that rifle and is seen discharging it to disperse people in the streets so he can leave the crime scene.

“That place where they were is a primary school, and some of the children there were in creche months before and it is seen that the accused were carrying [an] AK-47 in front of [these children]. Some of them have never seen a gun or machete before, but video footage circulating shows they were exposed to this,” he said.

Motsoeneng, wearing a cream-white jersey and shirt, could be seen shaking his head while the state made the submission.

Vilakazi 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.

"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.

"Applicant one and two [Motsoeneng and Baloyi] have not discharged the onus that rests on them and have not adduced any evidence which has satisfied this court that it is in the interest of justice that they be admitted to bail," Mokoena said.

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.

Sowetan previously reported that Motsoeneng later explained that he went to the school to help his son, who was being prevented from leaving with his two children. He said the children's maternal grandmother, who works at the school, allegedly stopped the father from picking them up.

Mokoena said the investigating officer in the matter said Motsoeneng was the instigator and a danger to society, to witnesses and the maternal grandparents.

The officer said Motsoeneng was also in danger, adding that his church was set alight as a result of the incident. 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 defence 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 the woman who had recently died and was living with her in a rented room before her death.

This apparently gave him a legal right to assume responsibility for the children's care. This woman's family is embroiled in a custody dispute with the Motsoeneng family, he said.

“It looks like it has political connotations ... because, how  can a man be charged for protecting and looking after his own children?” Dlamini asked. 

The case was postponed to October 22.

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