The case against controversial prophet Paseka ‘Mboro’ Motsoeneng and his co-accused, Clement Baloyi, took a turn at the Palm Ridge Magistrate’s court
This happened when the previous state prosecutor, Pheello Vilakazi, took the stand as a witness in the case. The state had brought a recusal application against the case’s presiding officer, magistrate Katlego Mokoena.
Vilakazi informed the court that he was assigned to a different court on August 28, when Motsoeneng applied for bail, and he was unaware of any arrangements for the accused’s application.
Motsoeneng appeared without his co-accused on the day as he submitted a new bail request based on updated information.
He claimed that after that appearance, the magistrate summoned a defence attorney to meet with her in chambers while the people in the gallery left the courtroom.
“The invitation was not extended to me. The magistrate advised a member of the defence to ‘fix’ their bail affidavit, saying the reason the initial application had failed was because it was poorly written. Then, I heard that Paseka Motsoeneng would reapply for bail on new facts,” said Vilakazi.
He added that before the case resumed, he subsequently walked into magistrate Mokoena and enquired as to whether she was aware of the recent bail request.
“Mokoena said she was aware but implied it would be handled by my colleague, but the colleague was not aware of the said bail application.
Why are you harsh on Mboro?
“Magistrate Mokoena in the hallways of the court asked me, ‘Why were you being harsh on Motsoeneng? What has he done to you?’”.
Vilakazi says he found this conversation inappropriate as he was the prosecutor on the matter.
The state therefore applied for the recusal of Mokoena in the Motsoeneng case.
The defence lawyer, Philip Dhlamini, cross-examined Vilakazi, asking him what he would say if the defence brought a witness who would testify that he [Vilakazi] was aware of the bail date that he claims he knew nothing of.
“They would be lying,” Vilakazi responded.
Vilakazi said after he heard about the new bail application, he had informed the investigating officers, and he learnt that even they were not aware of the arrangements.
Dhlamini asked Vilakazi why he did not approach the magistrate and tell her that he was displeased by her utterances about the matter.
“There’s no policy or directive that says I should. Perhaps under different circumstances but in this instance, it would not have been wise to return to the magistrate alone to continue the discussion,” he replied.
Before the case wrapped up for the day, Dlamini told the court that his client is more unsafe in prison than he is outside of prison.
The matter has been postponed to Wednesday for the judgement on the recusal application. Mboro will remain behind bars.
