Picture: The ANC MP, Sibusiso Kula in court/Facebook
By OBAKENG MAJE
The ANC Member of Parliament (MP), Sibusiso Kula’s application to have his murder case struck off the roll was rejected by the Orkney Magistrate’s Court on Monday. Kula’s defense indicated to the court that, they will register a review application following the judgment.
The National Prosecuting Authority (NPA) spokesperson in North West, Henry Mamothame said, Kula’s defense has also requested to be furnished with a list of witnesses, as ordered by the high court when it granted him bail.
“In their application, they argued that his rights were not explained to him, and thus can be used against him in a subsequent trial. They further questioned the charges levelled against their client,” he said.
The state prosecutor, Adv Phuti Sekoadi opposed the application and argued that, the matter is still under investigation and that the current charges are properly drafted, as they are in line with the evidence in the docket. Sekoadi further explained that, when investigations are completed, the state will decide whether the charges should be amended.
“We urged the court to dismiss the application as it had no bearing on the charges levelled against the accused and the court ruled in favour of the state,” he said.
Kula is currently out on R50 000 bail, granted by the North West High Court following his appeal on the Orkney Magistrate’s Court decision to deny him bail. He was ordered to surrender his passports, report twice a day at the nearest police station, provided the investigating officer with his work itinerary, and report to investigating officer, if he must move outside his residential jurisdiction and have no direct or indirect contact with his children.
Meanwhile, an application submitted to the office of the Director of Public Prosecutions in North West, Dr Rachel Makhari for the matter to be transferred to a higher court, owing to its serious nature, is awaiting the finalisation of investigations. Mamothame added that, investigations are nearing completion as the state prepares for trial.
He said Kula was arrested after his wife, Jennifer Mohlomi, was found murdered on 27 November 2022 in what seemed like a robbery. Mamothame said Mohlomi was found with a stab wound on her back, but the object that was used for her alleged murder has not been recovered.
“The matter was reported by the medical facility, where she was allegedly transported by the accused to receive medical attention. The accused told the police that he was not present at his home when the incident occurred.
“Following thorough investigations by the police, he was linked to the alleged murder and was arrested on 20 January 2023 and charged with murder. Kula is expected back in court on 30 June 2023, when the matter sits,” he said.
The Guardian 