Johannesburg - The Orkney Magistrate’s Court rejected Sibusiso Kula's, 34, application to have his murder case struck off the court roll, and the matter was postponed to June 30, 2023, for further investigations.
According to Henry Mamothame, NPA Regional Spokesperson, Kula’s defence indicated to the court that they would register a review application following the judgment, and they had 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 could be used against him in a subsequent trial. They further questioned the charges levelled against their client.
‘’The state prosecutor, Advocate 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, and 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 added that 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 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.’’
‘’Meanwhile, an application submitted to the office of the Director of Public Prosecutions in the 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, and 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. Kula is expected back in court on June 30, 2023, when the matter sits,’’ Mamothame said.
The Star