Magistrate blasts Pastor Mboro's 'sloppy copy and paste' affidavit ...

In dismissing the bail applications of Paseka “Pastor Mboro” Motsoeneng and his bodyguard Clement Baloyi in the Palm Ridge Magistrates’ Court on Monday 19 August, Magistrate Katlego Mokoena said their affidavits were a “sloppy copy and paste” that were riddled with spelling errors.

“This case consists of so many factors which tip the scale in the respondent’s [state’s] favour,” said the magistrate. 

Mokoena said Motsoeneng and Baloyi “have not discharged the onus that rests on them or provided any evidence that has satisfied the court that it is in the interest of justice that they are admitted to bail”.

Mboro and his co-accused had applied for bail following their arrest two weeks ago when Mboro, Baloyi, his son and two other suspects believed to still be on the run allegedly went to the Matsediso Primary School in Katlehong armed with machetes and rifles, causing havoc and abducting two children believed to be Mboro’s grandchildren.

Read more: Pastor Mboro’s Katlehong church set alight after alleged school abduction

Mboro, Baloyi and Mboro’s son (who can’t be named to protect the identity of the children) face 12 charges including kidnapping, possession of an unlicensed firearm, discharging a firearm, assault and malicious damage to property. 

Mboro’s son was granted bail on Monday after the magistrate said this was in the interest of the children. The Children’s Court is dealing with a parental rights case regarding his children.

“There is no basis that he should be detained until the finalisation of the matter. And therefore the court shall grant his release from custody on condition and warning that he should not be in direct or indirect contact with the children’s maternal family, or set foot at the school until the Children’s Court concludes the custody matter,” said Mokoena.

Read more: Father’s rights — the complex web many are forced to navigate to access their children

The court heard on Monday that Mboro’s arrest was authorised under a J50 warrant as his address could not be located. Last Friday, the court had to be adjourned to allow for a verification process of  Mboro’s address before being postponed to Monday.

Prosecutor Peello Vilakazi told the court Mboro had given multiple addresses, one of which was void or non-existent.

The court heard that Mboro’s bodyguard and son gave the same address as Mboro, which could not be verified and allegedly did not exist. Vilakazi argued it was clear on that basis that the accused were dishonest people.

“It will not be in the interest of justice to release the accused on bail… They are dangerous people.”

Vilakazi told the court there was an extended version of the widely shared video of Mboro at the school. This version showed he allegedly fired a rifle to disperse people as he left the school. In the widely shared video, Mboro was carrying a machete while it appeared his bodyguard carried a rifle.

Vilakazi argued that unlicensed firearms were taken to a school full of minors and none of the accused had any licence or training to use the firearms. He added that the second rifle from the second or extended version of the video had not been located by the police.

The accused’s defence, advocate Phillip Dhlamini, said the kidnapping charge should be dropped as the father of the children had the right to access his children as prescribed by law, and that as the last surviving parent, primary care and residence should rest with him.

Dhlamini told the court that the Gauteng Department of Education will have to explain why they can deny someone access to their children.

He added that the state’s claim that the applicant’s release would undermine public order was unsubstantiated as Mboro’s church is right behind a police station.

Dhlamini claimed the state was acting on “instruction from above” and not on law to ensure the applicants don’t get bail. He added that the videos before the court needed to be authenticated to be admissible in court.

Mboro and Baloyi remain in police custody. The matter is back in court on 21 October. DM