Orkney – The Orkney Magistrates Court has set aside the judgment in the matter in which African National Congress (ANC) Member of Parliament Sibusiso Kula has requested that his murder case be withdrawn.
Kula, who was released on R50 000 bail earlier this month, is accused of the murder of his wife, Jennifer Motlhomi.
However, on Friday, the defence brought forward an application to have the murder charges struck off the court roll.
They argued that Kula’s rights were not explained to him, and thus can be used against him in a subsequent trial.
The defence lawyers further questioned the charges levelled against their client.
State prosecutor, Advocate Phuti Sekoadi, opposed the application and argued that the matter was still under investigation and that the current charges were 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.
Advocate Sekoadi urged the court to dismiss the application for discharge as it had no bearing on the charges levelled against the accused.
Kula allegedly stabbed his wife, Jennifer to death last year in November, leaving the lives of the couples three little children in jeopardy.
The 34-year-old MP said, at the time, that he found his 31-year-old wife dead with stab wounds at their home in what appeared to be a robbery gone wrong.
Kula transported the deceased to a medical facility, which alerted the police.
Following investigations by the police, Kula was linked to the murder. He was arrested on 20 January 2023 and charged with murder.
Kula remained in custody until he was granted bail earlier this month on 4 April 2023 by the High Court of South Africa North West Division, following his appeal of the Orkney Magistrates Court decision to deny him bail.
Kula 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 North West, Dr. Rachel Makhari, for the murder case 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.
Kula is expected back in court on 22 May 2023, where judgment is expected to be passed on his request to have the murder case against him dismissed.
