Mboro case: State to learn verdict of application seeking recusal of presiding magistrate
The National Prosecuting Authority (NPA) filed an application in the Palm Ridge Magistrates Court earlier this week, accusing Magistrate Katlego Mokoena of bias.
Controversial pastor Paseka 'Mboro' Motsoeneng at the Palm Ridge Magistrates Court on 7 August 2024. Picture: Xanderleigh Makhaza/ Eyewitness News
JOHANNESBURG - The State in the kidnapping case involving controversial pastor Paseka Mboro Motsoeneng is expected to learn the outcome of its application to have the presiding magistrate recused from the matter.
The National Prosecuting Authority (NPA) filed an application in the Palm Ridge Magistrates Court earlier this week, accusing Magistrate Katlego Mokoena of bias.
Mboro was arrested in August after storming a primary school yielding a panga, while forcefully removing two pupils believed to be his grandchildren in Katlehong.
Prosecutor Tshilidzi Ramavhoya said Mokoena invited the defence to her chambers in the absence of the State, and urged them to "fix" a poorly constructed bail affidavit.
They are also accusing her of enrolling the case without the required documentation.
The State alleges Mokoena's conduct brings her ability to deliver a fair judgment on the matter into question.
It said there were grounds for its application, pointing to compromised fairness of the judicial process and potential bias.
A decision on the matter is expected to be handed down on Wednesday, with Mboro's new bail application set.