Self-proclaimed pastor Paseka Mboro of Incredible Happenings Church and his bodyguard Clement Baloyi have been denied bail by the Palm Ridge Magistrate’s Court.
His son Vincent Motshoeneng was granted bail with a warning.
The matter has been postponed to 21 October for further investigations. Police are still searching for two more suspects in the case.
The mood in the court gallery – fully packed with Incredible Happenings Church members – turned sombre when Magistrate Katlego Mokwena handed down her ruling.
During the court proceedings, the court heard that Mboro gave the police different addresses. One was a combination of the church’s street name and an estate in Ekurhuleni, where the street doesn’t exist.
It was also noted that he supplied police with different addresses in a number of cases.
Police couldn’t verify Baloyi’s address, as the owner of the home stated that he doesn’t stay there but frequently visits.
In an affidavit by the investigating officer read to the court, Baloyi works as a security officer but doesn’t have security qualifications or licences for his firearms.
The trio are facing a number of charges, including:
Kidnapping – Mboro;
Discharging of a gun – Mboro and Baloyi;
Pointing of a firearm – Mboro and Baloyi;
Assault by way of threats – Mboro and his son Vincent Motshoeneng (accused number three);
Malicious damage to property – All three accused
Possession of a gun and prohibited firearm – Mboro and Baloyi;
Possession of firearms, dangerous weapons – Baloyi.
In a custody battle over his four grandchildren, on Monday 5 August the pastor allegedly cut off the padlock to gain access to Matshidiso Primary School accompanied by his bodyguard and son bearing semi-automatic weapons.
They demanded the release of his two grandchildren in Grade R and Grade 2 against their maternal grandmother’s orders.
The maternal grandmother has been the guardian of the children, including two younger babies, since their mother died in April. The custody battle is set to be heard on 5 September.
The state’s Pheello Vilakazi, arguing against granting bail, that the accused are a danger to the community as they were in possession of war weapons terrifying young learners.
“One of the rifles used during the commission of the crime is still not recovered by the police. Should they be granted bail, the accused may evade bail as no one knows where they stay. We fear they will intimidate witnesses as they know them,” he said.
Vilakazi said he believes that the state has a strong case supported by concrete evidence against the three accused.
The state still doesn’t know where the children are accommodated, he added, thus giving the accused bail may compromise their safety.
Defence lawyer Phillip Dlamini said the argument by the state that Mboro is a danger to the community doesn’t have merit.
“Accused number three (the father, Motshoeneng) lived with the children and their mother before she passed on in May.
“On the day of the incident, the father took the children to school; he didn’t kidnap them but was doing his parental duties.”
Dlamini argued politics influenced the denial of bail to Mboro and pleaded with the court to be fair and independent when making a ruling.
Mboro argued that if he is not released on bail his church members will suffer spiritually and the 30 people who worked for him will suffer financial loss.
