Court dismisses application for recusal of magistrate in Mboro case

Motsoeneng and his bodyguard, Vincent Baloyi, have been in custody after they were denied bail following their arrest in August.

The pair were arrested after they were seen in a video wielding pangas and firearms in Matshidiso Primary School in Katlehong. 

They are facing charges of kidnapping, among others. 

The State claimed that remarks allegedly made by Magistrate Katlego Mokoena to the previous prosecutor, Pheello Vilakazi, implied potential bias. 

READ: State applies for recusal of magistrate in Mboro case

Magistrate Mokoena denied the claims made by the State’s witness - Pheello Vilakazi - that she showed possible bias when she allegedly asked him why he was being harsh on the accused.

"He then questions his evidence that I uttered the words, 'Why is he being hard to the accused?' There is no basis nor merit to this submission, as it is evident that the state witness sought to cook a narrative that is an apprehension of bias on the side of the court,” she said in her ruling.

"The conduct of the state witness following the said incidents and who he reported the matter to, and failing to approach me, or his seniors, really leaves us all here questioning his motives". 

She dismissed the application for her recusal on Wednesday.  

"I, therefore, conclude that the state with the evidence they have presented have not discharged showing that the apprehension of bias is reasonable, and I also conclude that the double requirement of the reasonableness and the application of the recusal test import is not charged, the application for my recusal is hereby dismissed.”