COURT REJECTS KULA’S APPLICATION TO HAVE HIS MURDER CASE WITHDRAWN
The Orkney Magistrates’ Court rejected Sibusiso (Kula’s (34), application to have his murder case struck off the court roll. The matter was postponed to 30 June 2023 for further investigations. Kula’s defence indicated to the court that they will register a review application following the judgment. 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 leveled against their client. They
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 and the court ruled in favour of the state.
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 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 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 30 June 2023, when the matter sits.
