JUDGEMENT ON KULA’S BID TO HAVE THE MURDER CASE WITHDRAWN SET ASIDE
The Orkney Magistrates’ Court has set aside judgment on Sibusiso (Kula’s (34), bid to have his murder case withdrawn. The defence brought forward an application to have the murder charges struck off the court roll. 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 leveled against their client.
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. 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 leveled against the accused.
Kula is currently out on R50 000 bail, granted by the High Court of South Africa North West Division, following his appeal on the Orkney Magistrates’ 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 being processed. Investigations are nearing completion as the state prepares for trial. Police reports reveal that Kula’s wife, Jennifer Mohlomi, was found murdered on 27 November 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 20 January 2023 and charged with murder. Kula is expected back in court on 22 May 2023, where judgment is expected to be passed.
