By Thys Khiba – Gcina Dlanjwa, Kula’s lawyer has argued and told the Orkney Magistrates’ Court that keeping Kula in custody would infringe on his rights on Monday.
This comes after the African National Congress (ANC) Member of Parliament (MP) Sibusiso Kula (34) appeared at the Orkney Magistrates’ Court for allegedly killing his wife Jennifer Mohlomi, 31, at their home in Kanana, North West, two months ago.
Sibusiso Khula and His Wife
Kula is facing a murder charge following the death of his wife.
Dlanjwa told the court that a week before his arrest, the accused approached the investigating officer, enquiring about the developments over the death of his wife.
“Kula undertook, from the first day, to assist the police in his best ability to find the culprits who committed the deed.
“The State makes no cogent explanation to the court that is sufficient to warrant any justification to grant a postponement.
“His personal liberty and rights to be released on bail are the essential foundation of our Constitution. It won’t be in the interest of justice that the matter is postponed,” Dlanjwa argued.
Police reports reveal that Kula’s wife was found murdered on 27 November 2022, in what seemed like a robbery.
The NPA spokesperson Henry Mamothame confirmed she [the wife] 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 accused who indicated that he was not at the house when the incident occurred,” said Mamothame.
While arguing the prosecutor, Harriet Seiphehlo, said that Kula be kept in custody.
Seiphehlo argued that the interest of the deceased and family should be considered.
“The bail application is an urgent application before the court. I’ve highlighted that, before we can proceed, I have insufficient information that I need to be assisted with by the investigator officer.”
“The murder happened last year. The case was only brought to court today. We don’t have enough information. We ask to be given enough time to discuss the matter with the investigating officer,” Seiphehlo said.
“We understand that he faces a charge of murder. I’ve noticed that his lawyer has been hammering on his rights.
“What about the interest of the deceased and her family here? We want time to consult the investigating officer.
In addition to her argument, Seiphehlo argued that the state must place enough evidence for the bail application.
“After discussion with the senior public prosecutor, this is a premeditated murder.
“We don’t want to leave anything behind for the court to make a just decision,” said Seiphehlo.
Kula’s lawyer Dlanjwa opposed the State’s plea.
“We object to their request. Kula is here on a count of murder. The said offence is alleged to have taken place on 27 November 2022.
“It’s almost two months since it occurred. On that day, the police were at the scene. They interviewed him again on 29 November and 1 December.
“The police were aware, as of 27 November, that the offence warrants serious investigation.
“Subsequently, he was arrested on 20 January this year in the early hours. He is the sole breadwinner for their three minor kids.
“They are left unattended and looked after by his younger brother and neighbours,” said Dlanjwa.
Police investigations are still underway and Kula will remain in police custody until the next court appearance on 27 January 2023 for formal bail application.
Members of his political party, ANC were opposed to the granting of bail.
Outside of the court, the Economic Freedom Fighters (EFF) members carried placards, which said Kula, 34, should not be released.
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