NPA fails in a bid to have magistrate in Pastor Mboro case recuse herself

The National Prosecuting Authority (NPA) has failed in its bid to have the magistrate presiding over the matter of Paseka “Pastor Mboro” Motsoeneng recuse herself from the case.

Katlego Mokoena, who had listened to the state’s argument in their application on Monday, gave her judgment yesterday stating she would not be recusing herself.

She said the state’s witness, Adv Pheello Vilakazi, had distorted facts to formulate an ill-considered narrative.

Mokoena also said the state had not discharged the onus that there would be reasonable apprehension of bias.

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

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

Motsoeneng’s urgent bail application was expected to continue after the matter was adjourned after the ruling.

Motsoeneng, a relative and bodyguard Camillot Baloyi face multiple charges that include 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.

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

SowetanLIVE