Rapist Brickz denied bail

By Drum Digital
01 August 2017

His R50 000 bail was revoked after the conviction.

Iavan Pijoos, News24

Johannesburg - Kwaito star Sipho Charles Ndlovu, better known as "Brickz", has been denied bail pending sentencing in the Roodepoort Magistrate's Court on Tuesday.

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

Magistrate John Baloyi said it was not in the interests of justice to release Ndlovu on bail, pending his sentence.

"The presumptions of innocence no longer applies. He has already been convicted. Rape is a big concern in the country. I am not convinced that the accused [Ndlovu] would attend his sentencing," Baloyi told the court.

Dressed in a black blazer, white shirt and black tie, Ndlovu appeared happy and was smiling ahead of court proceedings on Tuesday morning.

Some family members and friends whistled as he made his way to the dock.

Prosecutor Pratisha Salie said that, on the date of Ndlovu's conviction, his previous lawyer had also asked the court that he be released before his sentencing.

"If the defence is unhappy about this court's decision, then it should be heard in the High Court," Salie said.

'Conscience is clear'

At his last court appearance on June 20, the Sweety, my baby singer appointed Piet du Plessis to handle his sentencing after his previous lawyer withdrew.

Du Plessis argued that a proper application had not been brought before the court.

"The court should allow the defence to bring an application with proper evidence," Du Plessis said.

In his affidavit, read out by Du Plessis, Ndlovu states he is 36 and was born in Soweto. He matriculated in 1998. He travelled to London in 2006 and to Swaziland in 2013 for musical performances. He travelled to Botswana and Nigeria.

Ndlovu has been married to his wife for 12 years and is a father of three. His earns between R40 000 and R50 000 from his musical performances. He intends to use the money to pay further legal costs. He says he is not a flight risk and has no history of violence.

During his testimony, Ndlovu claimed he had already begun a process to better his life in prison.

He claimed that the rape charge was a "fake accusation", and that the victim and the witness were close family members.

"I am willing to serve my sentence and was not raised to run from any 'accusation'. I know the truth will come out. I'm innocent and my conscience is clear," Ndlovu told the court.

'I will serve my sentence'

He said he would not leave the country if he was released on bail.

"I am a well-known and a multi-award winning superstar. I will serve my sentence and come out a better person."

During cross-examination, Salie asked whether his health had been affected, and if he had been assaulted in prison.

Ndlovu replied in the negative to both questions.

During closing arguments, Salie argued that Ndlovu would be able to evade trial.

"The accused said himself that he is a superstar and, according to his celebrity status, he's able to evade trial."

She said it was not in the interests of justice to release Nldovu after he had already been convicted, saying he was no longer a free man.

"The community would not be pleased and his health was not affected and he is not being assaulted."

The matter was postponed to September 14 for sentencing.


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