Cape Town – The Orkney Magistrate’s Court has rejected an application by ANC MP Sibusiso Kula to have his murder case probe struck off the court roll.
Kula, 34, is facing charges of murdering his wife Jennifer Motlhomi, who was found dead at their home in Orkney, North West, in November last year.
She was found with a stab wound in her back, but the object that was used for her murder has not been recovered.
However on Monday, Kula’s defence indicated to the court that they would register a review application following the judgment after the court had rejected an application for the murder case against him being withdrawn.
They have 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," NPA regional spokesperson Henry Mamothame said.
State prosecutor advocate Phuti Sekoadi opposed the application and argued that the matter was still under investigation and that the current charges had been properly drafted, as they were in line with the evidence in the docket.
"He further explained that when investigations are completed, the State will decide whether the charges should be amended.
"He 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," Mamothame said.
Mamothame added that Kula is currently out on R50 000 bail, granted by the High Court of South Africa, North West Division, following his appeal against 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, provide the investigating officer with his work itinerary, and report to the investigating officer if he must move outside his residential jurisdiction and have no direct or indirect contact with his children," Mamothame said.
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.
"Investigations are nearing completion as the State prepares for trial. Police reports reveal that Kula’s wife, Jennifer Mohlomi, was found murdered on November, 27 2022, in what seemed like a robbery.
"She 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 January 20 2023, and charged with murder," Mamothame said.
Kula is expected back in court on June 30, 2023.
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