28 September 2017

South Africa: Brickz Sentencing Postponed

Photo: Brickz
Brickz (file photo).

Kwaito star Sipho Charles Ndlovu, better known as Brickz, will be sentenced next month in the Roodepoort Magistrate's Court.

The State and defence counsel spent the day arguing over what the court should hand down as an appropriate sentence for raping his niece.

In July, Brickz was found guilty of raping the 16-year-old girl, at his home in November 2013.

His R50 000 bail was revoked after the conviction.

On Thursday morning, in mitigation of sentencing, defence lawyer Piet du Plessis called his witness, a correctional services social worker, Annette Vergeer, to the dock.

In Ndlovu's report read out by Vergeer, he said the musician had never known his father and had only met him prior to his death.

'Honest and humble person'

Ndlovu's mother and grandmother raised him, but both died in 2003.

Vergeer said Ndlovu is using every opportunity to stay positive in prison and write music.

According to his brother, Brickz was supporting everyone financially.

"He is an honest and humble person and was always the one to protect the vulnerable," the brother said in the report.

Brickz earned R50 000 a month prior to his arrest.

"The accused indicated that he has never been attached to material things and will secure success again," Vergeer said.

In his report, Brickz stated he had used weed and cocaine in the past. He was able to afford life in the "fast lane".

'Why did you rape your own niece?'

During his time in prison, he had been writing positive music and inspiring those around him.

State Prosecutor Pratisha Salie in aggravation of sentencing said the victim was unable to testify due to the publicity the case has gained. Instead, Salie read out her statement in court.

"I never felt the same again, I felt so down. You may be going to jail, but you broke me. I never lived a teenage life," the statement read.

She said Brickz took away her happiness and broke her trust, saying she treated him like a father but he raped her.

"Why did you rape your own niece?"

She said the victim was not coping well after the rape. She was suicidal and locked herself in a cupboard. "She was robbed of her prized possession, something that could never be replaced," said Salie

Salie revealed that the doctor's examination showed that the victim had an STD as no condom was used.

Rape is 'a serious crime'

After reading out the statement, Du Plessis said his client was a first offender and asked for a minimum sentence of 10 years.

Du Plessis said rape is a serious and violent crime.

"Rape is always a serious crime and it is a problem in our society. Society expects the courts to deal with offenders. The court is here to serve society and not to satisfy the outcry of society."

Du Plessis said one must take into consideration, as alleged by the complainant, the incident took place in March 2014 and that he was a first offender.

"When sentencing the accused, the court must take into account if he is the type of person society needs to be protected from. My submission is that the accused admits that he is just human, like all of us. He is not the kind of person who is considered a threat among society."

Du Plessis argued that Ndlovu's life was destroyed, his career gone, and that was punishment already.

He asked the court to show mercy and not to sentence Ndlovu to prison for longer than 7 or 8 years.

Du Plessis said with proper help, the niece can overcome and move on with her life. Sentencing was postponed to October 17.

Source: News24

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