Controversial self-proclaimed prophet Paseka "Prophet Mboro" Motsoeneng will spend at least two more months behind bars after a Palm Ridge Magistrate's Court denied him bail on Monday.
The court found that Motsoeneng, who is popularly known as Prophet Mboro, and his bodyguard, Clement Baloyi, failed to provide sufficient evidence to convince the court that their release would be in the interest of justice.
The charges against Motsoeneng, Baloyi, and his son, Revival Motshoeneng, stem from an incident at Matshidiso Primary School in Katlehong, on the East Rand, on August 5th. A video of the incident, which went viral on social media, showed Motsoeneng wielding pangas alongside a gunman at the school, while two children cried hysterically nearby.
The state alleges that the trio, armed with machetes and rifles, stormed the school, causing havoc and abducting two children, believed to be Prophet Mboro's grandchildren. Prophet Mboro and Baloyi face 12 charges, including kidnapping, possession of an unlicensed firearm, discharging a firearm, assault, and malicious damage to property.
During the bail application, the state presented evidence that Prophet Mboro had given multiple addresses, one of which was non-existent. The court heard that Baloyi and Revival Motshoeneng also gave the same address, which could not be verified.
Prosecutor Peello Vilakazi argued that this demonstrated the accused were dishonest and that their release would endanger public safety. He also revealed that there was an extended version of the widely shared video, showing Motsoeneng allegedly firing a rifle to disperse people as he left the school.
"It will not be in the interest of justice to release the accused on bail… They are dangerous people," Vilakazi told the court.
Magistrate Katlego Mokoena, in dismissing the bail application, said Prophet Mboro and Baloyi had not provided any evidence that satisfied the court that it was in the interest of justice to grant them bail. She described their affidavits as a "sloppy copy and paste" that were riddled with spelling errors.
"This case consists of so many factors which tip the scale in the respondent’s [state’s] favour," said the magistrate.
Mokoena also said the court was a "creature of statute and it does not operate on emotions and/or influence. It is not a reactionary court but simply deals with the facts presented before it".
"It is quite unfortunate that the affidavits presented by the applicants in this court were not satisfactory and, simply, they were just not giving anything," she said.
Prophet Mboro's defence counsel, Adv Philip Dlamini, argued that the kidnapping charge should be dropped as Motsoeneng had the right to access his children, and that as the last surviving parent, primary care and residence should rest with him. He said the children's maternal grandmother, who works at the school, had allegedly stopped Prophet Mboro's son from picking up the children.
Dlamini also claimed the state was acting on "instruction from above" and not on law to ensure the applicants don't get bail. He added that the videos before the court needed to be authenticated to be admissible in court.
However, the magistrate rejected these arguments, stating that the state had presented a strong case against Prophet Mboro and Baloyi.
"Their affidavits do not dispute they are linked to the offences preferred by the state. There is a strong case against them and, frankly, they did not put up a fight ensuring that the evidence submitted by them holds enough water to discharge their onus," Mokoena said.
The court heard that Prophet Mboro's son had been granted bail on Monday, as it was in the interest of the children. The Children's Court is dealing with a parental rights case regarding his children.
"There is no basis that he should be detained until the finalisation of the matter. And therefore the court shall grant his release from custody on condition and warning that he should not be in direct or indirect contact with the children’s maternal family, or set foot at the school until the Children’s Court concludes the custody matter,” said Mokoena.
The children's maternal grandmother and uncle, who cannot be named to protect the minors' identity, were also arrested and made a separate appearance where they were granted R1,000 bail each.
The case against Prophet Mboro and Baloyi was postponed to October 21.
