Private prosecution sentence delay

2014-10-01 00:00

CAPE TOWN — The man who was recently found guilty of murder of a KwaZulu-Natal woman in a historic private prosecution case will have to wait to hear his punishment.

Faizel Hendricks, who wasfound guilty in July of murdering Rochelle Naidoo (27) in 2005, appeared in the Malmesbury regional court yesterday.

Hendricks’s sentencing proceedings, scheduled for yesterday, were postponed because, among other things, the Correctional Services reports were not finalised.

Advocate Gideon Scheltema SC who represented Naidoo’s mother, Sara Asmall, said the delay was bad for both parties.

“The family of the deceased had travelled from KwaZulu-Natal to Malmesbury for the court case. It has been nine years since the deceased died,” he said.

Hendricks’s conviction in July is the only known successful private prosecution for murder in South Africa.

The Asmall couple said they were unhappy with the delay, but after waiting for nine years, “another few months probably won’t hurt”,, Sara Asmall said outside the court.

Hendricks said he would issue a media statement later.

During a private prosecution, an individual assumes the role of the state. Private prosecutors must, among other things, provide security for the costs, which the state normally covers.

The night before Naidoo was shot, she and Hendricks had a big row in her flat.

Because Hendricks was the only other person in the flat in Palms Mews in Woodstock during her death, he was arrested for her murder, but pleaded not guilty. The case against him was later withdrawn by the director of Public Prosecution in the Cape high court.

An inquest followed, but the results were not conclusive.

Naidoo’s parents, Sara and Yunus Asmall, then decided to prosecute Hendricks privately.

Regional magistrate Michelle Adams yesterday ordered that the report by the Department of Correctional Services must be finalised by November 21. The case was postponed to next year, January 28.

Advocate Megan Blows, for the office of the Director of Public Prosecutions, attended the case in a monitoring capacity.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.