ANC MP Sibusiso Kula’s bid to have the murder case against him withdrawn has been dismissed and the matter was postponed to next month in the Orkney magistrate's court.
Kula, 34, is charged with murdering his wife Jennifer Motlhomi, who was found dead at their home in Orkney, North West, in November last year.
National Prosecuting Authority North West spokesperson Henry Mamothame on Monday said Kula's defence team indicated their intention to launch a review application following the ruling.
“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. 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. 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,” he said.
ANC MP Sibusiso Kula’s bid to have murder charge withdrawn fails
Image: 123RF
ANC MP Sibusiso Kula’s bid to have the murder case against him withdrawn has been dismissed and the matter was postponed to next month in the Orkney magistrate's court.
Kula, 34, is charged with murdering his wife Jennifer Motlhomi, who was found dead at their home in Orkney, North West, in November last year.
National Prosecuting Authority North West spokesperson Henry Mamothame on Monday said Kula's defence team indicated their intention to launch a review application following the ruling.
“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. 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. 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,” he said.
ANC MP Sibusiso Kula seeks to have murder charges withdrawn
Mamothame also gave an update on an application submitted to the office of the North West director of public prosecutions for Kula's case to be transferred to a higher court, owing to its serious nature, saying that it was awaiting the finalisation of investigations.
“Investigations are nearing completion as the state prepares for trial. Kula is expected back in court on June 30, when the matter sits,” he said.
Police reports showed Kula’s wife was killed in what seemed to be a robbery.
“She was found with a stab wound on her back but the object used has not been recovered,” Mamothame said.
Kula told police he was not at home when the incident occurred.
After thorough investigation by police, Kula was arrested on January 20 and charged with murder. He is currently out on R50,000 bail.
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