African National Congress (ANC) MP Sibusiso Kula’s application to have his murder charges dropped was rejected by the Orkney Magistrate’s Court in North West on Monday.
The 34-year-old is accused of killing his wife Jennifer Motlhomi, who was found dead in what seemed like a robbery, with a stab wound in her back.
The incident happened last year and the object that was used for her alleged murder has not been recovered.
New application
In court proceedings which took place earlier this month, his defence argued that his rights were not explained to him at the time of arrest.
National Prosecuting Authority (NPA) spokesperson Henry Mamothame said in a statement that Kula’s defence indicated to the court that they would 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. They further questioned the charges leveled 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,” said Mamothame.
Sekoadi also explained that when investigations are completed, the state will decide whether the charges should be amended. The state has also urged the court to dismiss the application as it had no bearing.
Bail
The accused is currently out on R50,000 bail which was granted in April.
His bail conditions include surrendering his passports, reporting twice a day to the nearest police station, disclosing his work schedule, informing the investigating officer should he move out of his residential jurisdiction and having no direct or indirect contact with his children.
NOW READ: ANC MP accused of killing wife granted R50k bail, ordered to hand over passport
Higher court
Meanwhile, an application has been 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 due to its serious nature.
The submission is yet to be finalised.
The accused told the police that he was not present at his home when the incident occurred but police were able to link him to the murder thorough investigations.
He was arrested on 20 January 2023, and charged with murder and is expected back in court on 30 June 2023.
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