On Monday, 22 May 2023, the Orkney Magistrates Court dismissed an application for a murder case against the ANC Member of Parliament Sibusiso Kula (34) to be struck off the roll. This was after Kula’s Defence Lawyer, Gcina Dlanjwa, on 11 May 2023, requested that the case be withdrawn, saying that Kula’s rights were not explained to him. He further told the court they would register a review application following the judgment.
The Orkney's Magistrates Court presiding officer, Liesel Esterhuizen, said the defence’s application must be made at the High Court.
However, Sibusiso Kula’s lawyer said the Orkney Magistrates Court committed errors of judgment in exercising their powers, and the decision to dismiss their application stands to be challenged.
“We are going to proceed to take the matter to the High Court because we just feel that the decision made by the Magistrate’s Court was irrational,” he said.
Dlanjwa further said that his client Kula was instructed not to communicate with witnesses in his case but up to this stage, he doesn’t even know the so-called witnesses. “According to the High Court, this Court was instructed to provide a list of witnesses on 5 April 2023, but that is not yet done,” he said.
The State Prosecutor confirmed that the list of witnesses will be provided before the end of business day on 23 May 2023.
Sibusiso Kula was arrested on 20 January 2023 after being accused of the murder of his wife, Jennifer Mohlomi, who 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 used for her alleged murder has not been recovered.
Kula is currently out on fifty thousand rands (R50 000) bail granted by the North West High Court in April, and his case was postponed to 30 June 2023 for further investigation.
