The application for the murder case against African National Congress (ANC) MP Sibusiso Kula to be struck off the court roll was dismissed on Monday by the Orkney Magistrates Court in the North West after Kula’s lawyer said his client was never read his right.
The court’s presiding officer, Liesel Esterhuizen said the defence’s application must be heard by a higher court.
But Kula’s lawyer Gcina Dlanjwa said he was taking the matter to the high court saying the magistrate’s decision was irrational.
“We believe that this judgment stands to be challenged because they (Court) continue to commit errors of judgment in exercising their powers. We are going to proceed to take the matter to the High Court because we just feel that the decision by the Magistrate’s Court was irrational,” he said.
Kula was arrested in January after being accused of the murder of his wife Jenniffer Kula. Jenniffer’s body was discovered by Kula last November with several stab wounds in what was believed to be a house robbery at their home in Kanana.
Kula is out on a R50 000 bail. His case was postponed to June 30 for further investigations. But the court also told the NPA to provide Kula’s defence attorney a list of witnesses by Tuesday May 23.
