The 34-year-old’s bail judgment appeal was struck off the roll by the North West Division of the High Court of South Africa. The decision comes after his court appearance on Friday 24 February 2023.

National Prosecuting Authority (NPA) spokesperson Henry Mamothame says the senior state Advocate Benny Kalakgosi urged the court to strike the matter off the roll, as the papers submitted by Kula’s attorney were not in order. Judge André Peterson then ruled in favour of the state.

Kula was charged with the murder of his wife Jeniffer Mohlomi-Kula on 27 November 2022 in their house in Kanana, Orkney. The accused allegedly found his wife murdered in what seemed like a robbery. She was found with a stab wound in her back but the object of her alleged murder has not been recovered.

The NPA reports Kula transported his late wife to get medical attention and told police that he was not present at his house at the time of the incident. The matter was reported to the police by the medical facility. 

Following a thorough investigation, the alleged murder was linked to Kula. He was arrested on Friday 20 January 2023 and charged with murder.

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In his previous court appearance, the accused was denied bail as he failed to meet bail requirements. Kula’s legal representative Gcina Dlanjwa said they were disappointed. 

"We have said in our address that the state's case is purely based on circumstantial evidence and nothing else; they cannot produce any evidence. They stated that they have no obligation to refute the strength of our case or the weaknesses of their case. I think the magistrate misdirected herself and committed serious errors of misdirection, which we will prove in the High Court."

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Mamothame says the NPA is pleased with the judge's ruling and will now focus on building a strong case against the accused in preparation for trial. 

Due to the serious nature of the case, a request will be made to the Director of Public Prosecutions in North West to transfer the case to a higher court.

OFM News