Magistrate Katlego Mokoena has dismissed an application for her recusal as the presiding judge in the kidnapping case involving controversial pastor Paseka ‘Mboro’ Motsoeneng.
Last week, the National Prosecuting Authority (NPA) brought the application, claiming that there was reasonable concern that the magistrate might not bring an unbiased mind in adjudicating the case.
Representing the state in the matter, prosecutor Tshilidzi Ramavhoya said Mokoena invited the defence to her chambers in the absence of the state and urged them to “fix” Mboro’s poorly constructed bail affidavit.
In August, Mboro was arrested after storming a primary school yielding a panga, while forcefully removing two pupils believed to be his grandchildren in Katlehong.
The state alleges that Mokoena enrolled Mboro and his co-accused Clement Baloyi’s second bail application onto the court roll without the required documentation.
Presenting the evidence to her, and requesting that she rule on the matter, Mokoena ruled against the state adding that she sees it fit that she continues to preside over the matter.
“I also conclude that the double requirement of reasonableness that the application of the recusal test is not discharged the application for my recusal is therefore dismissed.”
Mboro’s bail application continued on Wednesday.
-EWN
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