Recusal judgment in Mboro's case dismissed

KATLEHONG, GP - The application to have Magistrate Katlego Mokoena recuse herself on Pastor Mboro's case has been dismissed. 

Pastor Paseka 'Mboro' Mostoeneng and his bodyguard were back at the Palm Ridge Magistrate's court on Wednesday, 11 September 2024 after at their brief appearance on Monday.

Mboro was arrested alongside his bodyguard after they forcefully stormed a school wielding a panga to remove his grandchildren. 

The NPA brought an application to have Magistrate Katlego Mokoena recuse herself from presiding over Pastor Mboro's case over allegations of being biased.

READ: NPA requests judge in Mboro case recuse herself

The NPA states that one of the reasons they brought the application forward is that Magistrate Mokoena allegedly called the defence team into the chambers without calling the state to inform them to go fix their bail application affidavit before bringing an application on new facts. 

"This court is a court of record what happens in it is duly recorded be it mechanically or on the charge sheet or both, I now turn to the first incident of the 19th of August 2024, it is rather surprising that the state witness Mr Vilakazi informs this court that the conversation that took place was in an open court with the co-staff present. He conveniently removed himself from this participation that is called by him a general conversation by colleagues, said Mokoena. " 

READ: Pastor Mboro to challenge decision to deny him bail

Magistrate Mokoena put it to the court that, "This court will not allow the state witness to distort what transpired and what did not transpire to formulate an ill-considered narrative, there is no basis for the court to make such a comment."   

[JUST IN] Magistrate Mokwena dismisses state's application for her recusal from the Mboro matter. Questions the procedure followed by the state in bringing the application in the first place, and corrects and raises concerns about parts of prosecutor Vilakazi's testimony.@eNCA

— ✨ Hloni Mtimkulu ✨ (@HloniMtimkulu) September 11, 2024

Magistrate Mokwena says she was not provided with reasons why the NPA wanted her removed from the case.

In turn, Mokwena accused the NPA of not following procedure.

The matter continues in court.

 - Sbongile Molambo