Judgment has been set aside on ANC MP, Sibusiso Kula’s bid to have his murder charges withdrawn. Kula (34) was charged with the murder of his wife Jennifer Mothlomi, who was killed at their house in Kanana, North West, in November last year. Kula was only arrested in January this year after police investigations linked him to the murder.

THE MURDER

It’s alleged that Kula (34), stabbed his wife Jennifer Mothlomi on 27 November 2022 at their home in Kanana. She 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 medical facility where she was allegedly transported to by the accused to receive medical attention. The accused told the police at the time that he was not present at his home when the incident occurred. Following thorough investigations by the police, he was linked to the alleged murder and was arrested on 20 January 2023 and charged. 

GBV ALLEGATIONS

In most of her social media posts last year, Mothlomi spoke openly about the abuse she claimed she was put through by her husband. "GBV is real, if I wake up killed or any of my family members, please don’t look far," she wrote in one post. Mothlomi’s family also accused Kula of financially abusing their sister, who was allegedly depending on the couple’s two children’s social grants while her husband was earning more than R1.2 million annually as an MP. He was also accused of threatening to kill himself and their children whenever his wife wanted to leave him. He was granted R50 000 bail earlier last month by the North West High Court in April.

APPLICATION TO HAVE CHARGES WITHDRAWN

The defence brought forward an application to have the murder charges struck off the court roll. According to North West National Prosecuting (NPA) spokesperson Henry Mamothame, they argued that Kula’s 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. 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. Sekoadi further explained to the court 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. When granting his bail, the judge ordered that Kula surrender his passports, report twice a day at the nearest police station, provide the investigating officer with his work itinerary, and report to investigating officer if he must move outside his residential jurisdiction and have no direct or indirect contact with his children. 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 owing to its serious nature is being processed. Mamothame added that the 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.