JOHANNESBURG, September 28 – The state on Thursday asked the Roodepoort Magistrate’s Court to sentence Kwaito star Sipho Ndlovu, better known as Brickz, to a minimum of 10 years in prison for raping his niece who was 16 at the time of the attack.
During the conclusion of the pre-sentencing proceedings, state prosecutor, Pratisha Salie, said said that there were no substantial circumstances to make the court deviate from handing down the minimum sentence of 10 years imprisonment.
The “Sweetie my baby” hitmaker was found guilty in July of raping his niece at his home in Ruimsig in 2013.
“She tried to look up to him as her father and he should’ve seen this,” Salie said.
She added that Brickz was seen as a celebrity and would most likely be able to continue with his life after serving his sentence, and be a role model and send the right message to South Africans who looked up to him.
Salie said rape was a serious matter and the court had to take into account that the victim was young and was not coping well after the incident.
“She had locked herself in a cupboard and at some point she was found with many pills in her possession and was suicidal,” the prosecutor said.
“The victim couldn’t come to terms with the ordeal, she indicated that she was robbed of what she considered her ‘prize possession’, something that could never be replaced.”
The teenager had lost her mother and her father when she was taken in by her uncle, Brickz. He then violated her.
“She questions and blames herself as to why he chose her when she saw him as her father.”
Salie said she disagreed with the defence’s report which depicted Brickz as a humble person that people looked up to and an asset to society and South Africa. The prosecutor reminded the court that a doctor testified that the accused did not use a condom and as a result the rape survivor had contracted a sexually transmitted disease.
“The doctor testified that she had an STI and that there was no condom used.”
Making the case for imprisonment, Salie said the court had to consider circumstantial evidence that was provided and that Brickz did not show remorse.
The musician, whose bail was revoked after he was found guilty of rape, has told a social worker he can not show remorse for something he did not do.
Earlier defense attorney Piet Du Plessis asked the court not be swayed by demands for a lengthy sentence, but to rather be circumspect. Imploring the court to be lenient, he said his client was a first offender who could be rehabilitated. as well as to not hand down a sentence merely to satisfy the outcry of society which may not be rational
Bricks will be sentenced on 17 October.
“Malume you really hurt me,” said the niece of Kwaito star Sipho Brickz Ndlovu, who has been convicted of raping her.
The remarks were part of the raped survivor’s impact report read during pre-sentencing proceedings at the Roodepoort Magistrate’s Court on Thursday.
Brickz, whose bail was revoked when he was found guilty of raping his then 16-year-old niece at his home in Ruimsig in 2013, appeared in a dark suit. The “Sweetie My Baby” hitmaker was found guilty of raping the daughter of his late sister on 7 July 2017.
The rape survivor, who can not be named, did not attend the hearing owing to the publicity the trial was generating.
Her impact report, as read by the state prosecutor, Pratisha Salie, said: “Malume [uncle] you have really hurt me. I ask myself what I did for you to rape me. I wanted you to treat me like your daughter but you didn’t.
“I will never be able to be proud of myself and I can’t trust anyone. I will have flash backs for the rest of my life.”
Earlier correctional services social worker Annette Vergeer, who complied a pre-sentencing report to assist the court with granting an adequate sentence, told the court that Brickz had a normal upbringing despite his father rejecting him. The popular musician’s father only tried to mend their relationship before he passed away.
“He was raised by his grandmother and mother but they passed away within six months of each other in 2003,” revealed Vergeer. “He was forced to grow up quickly … be the man of the house and raise his younger brother.”
Vergeer said the accused told her that he had worked hard to build his name and “did not become ‘Brickz’ over night”. She told the court that Brickz was in good health, but had often “taken the easy way out” of dealing with his fast paced life by smoking cocaine and dagga.
He, however, did not show any remorse as he maintained his innocence. His continued incarceration had affected him, Vergeer said.
She said Brickz claimed he was in an open relationship and had his wife’s permission to be with other adult partners.
Vergeer said a “suitable sentence had to be in the interest of society and aimed at deterring others from making the same mistake”. She said a fine was not a suitable sentence and suggested the accused could be released on parole after serving his sentence.
Defense attorney Piet Du Plessis for Brickz told the court not to hand down a sentence merely to satisfy the outcry of society, which may not be rational.
The matter continues.