…By Roland Peterson for TDPel Media.
The Orkney Magistrates’ Court has denied Sibusiso Kula’s application to have his murder case removed from the court roll.
The matter has been postponed for further investigations, and Kula’s defense has expressed their intention to file a review application following the court’s decision.
Challenges to the Murder Case:
Kula’s defense argued that his rights were not properly explained to him, which could potentially be used against him in a future trial.
They also questioned the validity of the murder charges against their client.
Additionally, they requested a list of witnesses as previously ordered by the high court when Kula was granted bail.
Opposition from the State Prosecutor:
The state prosecutor, Adv Phuti Sekoadi, opposed the application, stating that the case is still under investigation and that the charges are appropriately formulated based on the evidence available in the docket.
Sekoadi explained that once the investigations are complete, the state will determine if any amendments to the murder charges are necessary.
The prosecutor urged the court to dismiss the application, emphasizing that it does not affect the charges against the accused.
Kula’s Bail Status:
Sibusiso Kula is currently out on bail, amounting to R50,000, which was granted by the High Court of South Africa North West Division.
This bail was obtained after appealing the initial decision of the Orkney Magistrates’ Court to deny him bail.
Transfer of the Case to a Higher Court:
An application has been submitted to the Director of Public Prosecutions in North West, Dr. Rachel Makhari, requesting the transfer of the murder case to a higher court due to its serious nature.
The application is awaiting the completion of investigations.
Conclusion:
The Orkney Magistrates’ Court ruling has upheld the murder case against Sibusiso Kula, rejecting his application to have it dismissed.
The case has been postponed for further investigations, and Kula’s defense plans to file a review application.
Meanwhile, efforts are underway to potentially transfer the case to a higher court based on its gravity.