Magistrate Katlego Mokwena has denied bail to “Panga” Pastor Paseka “Mboro” Motsoeneng and his bodyguard, Clement Baloyi.
They are facing a string of charges including the kidnapping of Mboro’s grandchildren.
The two will remain behind bars for the next two months while police investigations continue.
The bail application at the Palm Ridge Magistrate’s Court lasted almost the whole of Monday.
The pastor’s son, Vincent Revival Motsoeneng, was relieved when Mokwena announced that he was being released on a warning.
“Accused 3 you are released on warning with the following conditions. You are to have no direct or indirect contact with the witnesses of this matter, especially the maternal grandmother and aunt under the guidance and assistance of the Children’s Court, and you are prohibited from entering the school premises where this incident occurred, until the finalisation of this matter.
“The court is aware that this condition will impede you (from) exercising your parental rights and responsibilities, but this is only until the finalisation of the matter, alternatively, the outcome of the Children’s Court matter,” said Mokwena.
The three are back in court on October 22.
National Prosecuting Authority spokesperson Phindi Mjonondwane said the NPA welcomed the judgment.
When asked if there was no concern that the father might interfere since he knows the witnesses in the case, Mjonondwane said: “The court has already pronounced on the guiding factor. The court went further and evaluated evidence both provided by the State and the accused person. The court made a decision that the father of the children is a suitable candidate to be released on bail. We accept the decision.”
Mjonondwane confirmed that the three were facing 12 charges including the kidnapping of minors and the possession of a dangerous weapon to the discharging of a firearm (Mboro), discharging of firearm (Baloyi), pointing of a firearm, assault by way of a threat (Mboro and Baloyi), assault (Mboro and son), malicious damage to property (Mboro), possession of unlicensed firearm (Baloyi) and possession of dangerous weapons (Mboro).
Five people, including the children’s grandmother and the uncle, were arrested after the incident. The grandmother and uncle were granted bail and are due back in court next month.
The violent incident took place at Matsediso Primary School in Katlehong. It was captured on cellphone camera and the footage went viral on social media and led to his tent church being razed the following day
Mboro shook his head repeatedly as he listened to State evidence, read by a translator, that the accused carried semi-automatic rifles and pangas in front of learners, and were seen forcefully removing two learners from the school premises. He appeared shocked.
When defence lawyer Advocate Phillip Dlamini was speaking, Mboro was seen praying in the dock.
Dlamini told the court that the children were Motsoeneng’s biological children and it was wrong for him to be charged with kidnapping.
“Police confirmed that the children belonged to Motsoeneng who used to live with their late mother in a rented room. These are his children, he did not kidnap them. He took them to school and he went back later in the day to pick them up. Mboro went to the school after learning that his son was under attack. If you (magistrate) can receive a call that your child is under attack, this case would stop and you would want to attend to the matter. That is what accused 1 did,” Dlamini said.
The court also heard that Mboro had been arrested nine times, and had given a number of different residential addresses. The State argued that he might be a flight risk. It was heard that all nine cases were withdrawn but some are under investigation.
State prosecutor Pheello Vilakazi said the accused were prone to giving false information as they had done in the bail application and could not be trusted.
He asked the court what message it would send to the community if the suspects were granted bail. They had threatened children at school, which was supposed to be a safe place, he said.
“It will not be in the interest of justice for any of the accused persons to be granted bail unless they can show evidence that their release will not undermine the interest of justice,” Vilakazi said.
He also said the accused were not willing to assist the State in the investigation.
He also said if Mboro went to the church it might incite the community.
Vilakazi said the suspects must not be given bail until the case was finalised.
Dlamini argued: “For the interest of the children, the father must be released from prison. The allegation of kidnapping has no basis.”
He emphasised that there is no reason for children to be removed from their father’s care.
Dlamini said nowhere in its submissions did the State demonstrate that the nine cases against Pastor Mboro were withdrawn because the accused failed to attend trial, nor was he a danger to the public.
He said the videos needed to be authenticated before they could be submitted as evidence.
The Star