Fraud accused requests seized documents
09 May 2019
Prophet Bonang of Pure Gospel Bible Church in Jwaneng, who is accused of intent to defraud the state by presenting himself as Neo Tanka, has requested that his identity card and driver’s license which have been seized as part of the exhibits in the fraud case be returned to him.
Appearing before the magistrate court in Jwaneng on May 8, the accused said it was not easy for him to survive without the said documents as he had to take care of his two-year old child.
He said the identity card would help him sustain his family either through business or a job.
He also noted that he could not access health services since the state had been keeping his documents since November 2017.
Furthermore, he told the court that his defence lawyer, Mr Thabo Malambane, had withdrawn his services due to lack of funds.
Subsequently, he pleaded with the court to assist him to withdraw a case in which he had appealed to the High Court for the presiding magistrate, Mr Odirile Mokgatle to recuse himself from the fraud case.
He said his wish was for the recusal case to be withdrawn so that he could proceed with trial.
The accused, through his defence counsel, had previously requested magistrate Mokgatle to recuse himself from the case citing possible bias.
However, in his ruling the magistrate had indicated that he would not recuse himself since the reasons cited did not prove compromise on judicial ethics.
The defence lodged an appeal on the recusal with the High Court, which the accused wants to withdraw.
Mr Mokgatle told the accused that his documents could not be returned to him since his identity was at the centre of the case and the documents would be used as exhibits.
He said it would be un-procedural for the court to give him documents which have been admitted as part of the evidence in an ongoing case.
Furthermore, he noted that the decision to withdraw the recusal case from the High Court was entirely on the accused, and therefore the court could not give advice on the matter.
The magistrate further said the defence counsel did not file notice to withdraw from the case as per procedure.
The case has been set for status hearing on June 24. ENDS
Source : BOPA
Author : Kehumile Moekejo
Location : JWANENG
Event : Court
Date : 09 May 2019






