State wants Magistrate in Prophet Mboro’s case recused

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The state has brought a recusal application against Prophet Mboro’s case’s presiding officer, magistrate Katlego Mokoena before the Palm Ridge magistrates’ court.

Mboro (real name Paseka Motsoeneng), his security personnel and others were arrested in August after they stormed Matshidiso Primary School and forcefully took two minor children.

They are facing a variety of charges including assault, handling a firearm recklessly that could endanger lives and property, rendering security services while not registered, malicious damage to property and intimidation.

The National Prosecuting Authority regional spokesperson Phindi Mjonondwane cited reasonable apprehension that she might not bring an unbiased mind in adjudicating the case before her.

According to Mjonondwane, Mokoena invited the defence team to her chambers in the absence of the state and allegedly informed them to “go and fix’ the poorly constructed affidavit before bringing an application on new facts.

“Furthermore, she allegedly made inappropriate remarks to the prosecutor seized with the bail application that, he was harsh towards the accused.

“On Monday, September 2, she enrolled the case brought by the applicants without the required documentation, namely a proper requisition that would have allowed her to entertain them and failed to probe why the applicants were before her with a new counsel and not the counsel on record,” she revealed.

Mjonondwane highlighted that the state is of the view that these circumstances brought her conduct into question.

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She added; “Mokoena had the opportunity to ventilate these aspects appropriately during the bail hearing, which is in its nature, inquisitorial and a fact finding mission.

“The state had to bring this application to ensure that this hearing proceeded with fairness and without bias.”

The court will deliver its judgment on Wednesday, September 11.