Pastor Mboro denied bail, claims police are acting on 'instructions ...

The controversial Paseka Motsoeneng, popularly known as Pastor Mboro, and his bodyguard were denied bail in the Palm Ridge Magistrate's Court on Monday.

Motsoeneng is accused of wielding a panga at the Matsediso Primary School in Katlehong. 

The self-proclaimed pastor, who once claimed he had visited heaven to meet God, his 37-year-old bodyguard Clement Baloyi, and Motsoeneng's close relative, aged 27, had brought bail applications.

The relative was released, but Motsoeneng and Baloyi remain behind bars. 

His lawyer claimed during their bail application on Monday that the crimnal charges were politically motivated and that the police officers involved in the case were being "influenced".

"This is politics in court, or the police are acting on some instructions from above to ensure that Motsoeneng doesn't get bail. This is not because the evidence says so or there are tangible reasons why he shouldn't be granted bail," Dhlamini said.

"This is a typical case where the three are kept in jail, not in the interest of justice."

The lawyer said he was only talking about some officers and that he was not attacking the police service as a whole.

"I'm not criticising the police. Some officers are doing a great job. This court is not a rubber stamp of the police. It is independent of anybody. It administers fair, equitable justice. The three are not a flight risk," he said.

"The two accused are suffering because of Motsoeneng. He is well-known and popular throughout the country."

Nine withdrawn charges

Dhlamini argued that the State's revelations last week that Motsoeneng had previously been arrested nine times, and that those charges were subsequently withdrawn, didn't carry weight.

"Until those cases are brought back to court, the police must tell Motsoeneng they have cases against him. The law requires a person to declare during bail if he has outstanding charges or previous convictions and not (if he has) withdrawn cases," he said.

"The investigating officer [Captain Maisibe Ngwepe] said some of those nine charges are being investigated and may be reinstated. Ngwepe didn't say when those charges were levelled against Motsoeneng and when they were withdrawn."

READ | Panga-wielding 'Pastor Mboro' has been arrested 9 times before, court hears

"Do those charges contribute to granting or refusal of bail? I submit that they are not relevant. It is an effort to dent Motsoeneng's image. The State is playing to the public gallery. They haven't alleged that they will evade trial if all three are released. The reality is that that hasn't been contested," said Dhlamini.

"The State hasn't been able to contradict the submissions of the three applicants. Their submissions haven't been contested. The State attempted to allege boldly that there was a likelihood that their release would disturb or undermine public peace. That allegation is not substantiated.

"The State hasn't substantiated that they are a danger to the community. The allegation that Motsoeneng is a danger to society has no merits."