Mboro, co-accused to spend another weekend behind bars

Motsoeneng and his co-accused face a string of charges including kidnapping, assault, malicious damage to property, and several counts relating to the illegal possession and use of firearms.

READ MORE: ‘Pastor Mboro’, co-accused to spend week behind bars

The state is opposing bail while the three applicants insist the interests of justice permits their release.

Motsoeneng seemingly denied the state’s version and claims against him.  He vehemently shook his head and occasionally muttered the words “never” and “no” as prosecutor Pheello Vilakazi read out the investigating officer’s reasons for opposing bail.

“This accused appears to be the ringleader, per the evidence in this case, this is a serious likelihood that if he is released on bail, he will endanger the safety of the public because it is clear that has easy access to unlicenced firearms like those used in this offense,” Vilakazi said.

Dressed in a crisp white suit jacket and jeans, Motsoeneng also mumbled prayers and looked back at his family and congregants who were seated in the public gallery.

Every time Vilakazi made a new point from witness reports, the usually energetic and charismatic churchman let his jaw drop in awe. He and his co-accused, bodyguard Clement Baloyi, continually gestured to each other.

It emerged in court that Baloyi did not have the necessary documents to own or operate a firearm, nor was he registered to provide security services through the Private Security Regulatory Authority (PSiRA), as is required by law.

The state detailed witness accounts of the 5 August incident at the Matsediso Primary School in Katlehong, that was captured on a video that has since gone viral.

Accused three, who cannot be named for the protection of the minors at the centre of the alleged acts of intimidation, is said to have called Motsoeneng to the school. This, according to the state is when ‘Mboro’ used a panga to force a burglar gate open.

“[Accused three] then left with the two minor kids, while holding panga knives. This witness left the scene, and that’s when she heard gunshot sounds.”

It’s alleged Motsoeneng fired gunshots in the air to disperse members of the public who had been trying to stop them from leaving the scene. For this he faces a charge of firearm in a built-up area.

The investigating officer Maisibe Ngwepe offered several other reasons why he believes Motsoeneng, and his co-accused should remain behind bars.

Among them is the fact Motsoeneng gave an unverifiable address; there are two other suspects from the incident who are on the run; he has at least nine previous complaints against him (which were withdrawn for various reasons but may still be investigated); and some of the weapons allegedly used in the alleged attack are yet to be found.

 State prosecutor Vilakazi also gave an update on the minors who were taken last week.

“It not known where the two kids are. Release of the accused on bail may even make tracing them more impossible.”

Meanwhile, defense lawyer, Advocate Phillip Dlamini, told the court he was concerned that there seemed to be confusion amongst the police whether Motsoeneng’s address had been verified.

He also said it appeared the state deliberately stalled proceedings, which began after 2 pm after the matter was stood down at least twice.

Motsoeneng says he can afford R3,000 bail, while his co-accused both say they can afford bail of R500.

The trio remain in custody until Monday.