Mboro kidnapping case: State calls for allegedly biased magistrate to recuse herself

JOHANNESBURG - The State in the kidnapping case of self-proclaimed prophet Paseka 'Mboro' Motsoeneng is calling for the magistrate to recuse herself because she is allegedly biased.

On Monday, the National Prosecuting Authority (NPA) brought the application before the Palm Ridge Magistrates Court to have Magistrate Katlego Mokoena removed.

Mboro was arrested in August, along with his bodyguard and an unnamed relative after forcefully storming a school wielding a panga to forcibly remove two pupils alleged to be his grandchildren.

Among the reasons advanced by the State was that Magistrate Mokoena invited the defence team to her chambers in the absence of the State, and allegedly informed them to “go fix” a poorly constructed bail affidavit before bringing an application on new facts.

Furthermore, it alleges that she made inappropriate remarks to the prosecutor that he was harsh towards the accused.

Their final submission was that last week, she enrolled the case brought by the applicants without the required documentation and failed to probe why the applicants were before her with a new counsel and not the counsel on record.

“All of the above, as we argued in court, placed her conduct in question as she could have easily probed the circumstances during the initial bail hearing stage,” NPA spokesperson Phindi Mjonondwane said.

The court will deliver its judgment on Wednesday.