By Doreen Mokgolo
Magistrate Katlego Mokoena will not withdraw from Pastor Paseka Mboro’s bail application case.
On Wednesday, Mokoena said she was surprised by the request for her recusal.
‘The state has not shown enough evidence to prove that their concerns of bias are reasonable,’ Mokoena said. ‘I conclude that the request for my recusal is not justified.’
Prosecutor Pheello Vilakazi had asked her to step down, claiming there was a risk she might not be fair.
The state accused Mokoena of inviting the defence team to her chambers without informing them and advising them to ‘fix’ an affidavit before submitting it for a new bail application.
The state also said she made inappropriate comments to Vilakazi, saying he was too harsh on Mboro.
On 2 September, Mokoena accepted the defence’s application despite missing important paperwork and did not question why a new lawyer was representing Mboro instead of his previous attorney.
The state argued that her actions raised doubts about her fairness.
Defence lawyer advocate Afrika wa Moila was happy with the decision.
‘The way the request [for her recusal] was made was wrong, and we didn’t know about it until it was announced in court,’ wa Moila said.
Mboro is charged with kidnapping, illegal possession of a firearm, discharging a firearm and assault, among others.
These charges stem from an altercation at Matshidiso Primary in Ekurhuleni, where Mboro demanded that the school release his grandchildren to him without the consent of their legal guardian.
This is a developing story.
Pictured above: Pastor Paseka Mboro’s court case.
Source: Doreen Mokgolo
