Magistrate dismisses court’s bid for her recusal in Pastor Mboro case

Mboro

Cape Town — Judge Katlego Mokoena dismissed an application by the National Prosecuting Authority (NPA) for her recusal as the presiding judge in the case against Pastor Mboro.

The NPA brought the application against Mokoena and claimed that there was concern that she may not bring an unbiased mind to the case. The prosecutor for the state, Tshilidzi Ramavhoya, said Mokena invited the defence to her chambers in the absence of the state and said they should “fix” Mboro’s bail affidavit, EWN reported.

The state also alleged that Mokoena had enrolled the bail application of Mboro, along with his co-accused Clement Baloyi, onto the court roll without any required documentation.

Mokena ruled against the state and argued that she saw it fit for her to continue presiding over the matter.

“I also conclude that the double requirement of reasonableness that the application of the recusal test is not discharged the application for my recusal is therefore dismissed,” she said.

According to The Citizen, Advocate Phello Vilakazi said Mokoena had allegedly made questionable remarks to him about the case, such as inviting Mboro and his defence to the chambers.

He also said Mokoena had made inappropriate remarks when he encountered her in the court’s corridors on 2 September, questioning why the state was being “hard” on Motsoeneng.

However, she revealed she would only be presiding over the bail application, and not the trial itself.

She found that the procedure used by the state for her recusal “significantly deviates from the established practice”. She added that no attempt was made to speak with her in chambers and she was not allowed to evaluate the reasons for her recusal, not to present any facts on record.

“Be that as it may, the facts relied upon by the state or the inferences sought to be relied upon are drawn from the evidence of state witness Mr Vilakazi,” the magistrate said in her judgment,” she said.

She said that it was clear the state applied for her recusal in the matter and wanted to disqualify her pending the bail applications.

Picture: X/@_Hybreed_

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Compiled by Matthew Petersen

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