Sipho 'Brickz' Ndlovu with defence advocate Piet du Plessis, before his appearance at the Roodeport Magistrates Court on Thursday. PHOTO: Lindi Masinga/ANA

In The News South Africa

Brickz denied bail pending sentence

JOHANNESBURG, August 1 – The Roodeport Magistrate’s Court on Tuesday denied convicted rapist and Kwaito star Sipho ‘Brickz’ Ndlovu bail pending his sentence.
Magistrate John Baloyi said he was certain that the appeal against his conviction would fail and that Ndlovu would be tempted to abscond.
Baloyi said the question was whether Ndlovu should be granted bail when the court had been ready to hand down sentence before he changed legal representatives at such a late stage of the trial.
“Rape is a matter of concern in our country and it is clear that a non custodial sentence will be imposed.”
Earlier, Ndlovu said in an affidavit read out by defence advocate Piet du Plessis that he was arrested in November 2013 and had been out on R50 000 bail throughout the trial.
Ndlovu said the charge he was convicted of was a schedule five offence and he was therefore eligible for bail pending sentence provided he give evidence.
The ‘Sweety my baby’ hit maker was found guilty of raping a 16-year-old girl in 2013 at his home in Ruimsig.
He told the court that he lost his passport in 2014 and had not reapplied for another one and that he had no relatives or assets outside of South Africa.
Brickz said he was able to maintain a salary of around R40,000 – R50,000 per month and had been forced to sell most of his assets to pay for legal fees for the trial.
He told the court that he felt he deserved to be granted bail pending sentencing because he adhered to the previous bail conditions.
“My release on bail will not affect anyone’s safety,” Brickz said.
Du Plessis called Ndlovu to the stand to give further evidence.
“If a sentence of 10 years is imposed, would you choose to abscond?,” du Plessis asked.
“With all due respect I’m willing to serve my sentence, I’ve even found out ways on how I can better my life while in prison,” Ndlovu said.
“I have realised through this fake accusation, the truth will come out due to the fact that the victim is my family member.”
“I’m a well known superstar locally and throughout the borders, I choose not to feel guilty because I know I’m not guilty ,” Brickz said when he was asked whether he would flee the country.
“Were you assaulted in prison?” State prosecutor Salie Pratisha asked.
“No,” Brickz responded.
Pratisha argued that the normal bail rules did not apply and that the court had to take into consideration the interests of justice.
“He has given the court an address, however Ndlovu has mentioned that he is a Kwaito star and has the means to evade trial.”
Pratisha told the court that Ndlovu was described by the victim as being a violent person and that she was scared of him.
“The community at large will not be pleased if he is released on bail in light of abuse against women and children,” she said.
The case was postponed to September 14 for presentencing proceedings.

The defence in the trial of convicted rapist Kwaito star Sipho ‘Brickz’ Ndlovu was on Tuesday granted permission by the Roodeport Magistrates Court to make an application for bail pending sentence.

During proceedings, defence advocate Piet du Plessis told the court that he would provide evidence showing that Ndlovu’s release was in the interests of justice.
The ‘Sweety my baby’ hit maker was found guilty of raping a 16-year-old girl in 2013 at his home in Ruimsig.
Du Plessis said he would be dealing with the matter with an affidavit.
Earlier, Brickz confidently made his way into court, dressed in a black blazer, white shirt and a tie.
Magistrate John Baloyi asked du Plessis how far the presentencing report was, and he responded by saying that the data and CD’s were cut and that it would take two weeks to obtain and study the records.
“It will be done as speedily as possible, I have appointed a social worker, she will consult with Ndlovu today [Tuesday],” du Plessis said.
“I don’t foresee any further problems, sentencing can be finalised within six weeks.”
State prosecutor Salie Pratisha told the court that Ndlovu’s bail was revoked shortly after his conviction. His previous counsel brought an application for bail ahead of sentencing.
“The court has already made it’s decision about whether he should be granted bail or not,” she said.


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