Johannesburg – In a scathing judgment, Magistrate John Baloyi ruled that a higher court would not come to a different finding in the case of kwaito star Sipho "Brickz" Ndlovu, dismissing his application for leave to appeal at the Roodepoort Magistrate's Court, west of Johannesburg on Tuesday.Ndlovu's lawyer, Piet Du Plessis, filed an application for leave to appeal following Baloyi's ruling that Ndlovu should serve the maximum sentence of 15 years for raping his then 17-year-old niece in November 2013, arguing that the State had failed to prove beyond reasonable doubt that Ndlovu was guilty of rape.Baloyi said that rape was a serious and violent crime for which offenders should face harsh consequences.Waering a powder blue V-neck jersey and black formal pants, Ndlovu smiled and waved at his family who were seated in the court gallery. He appeared to be taken aback by the judgment. His mouth opened slightly and his eyes widened, darting between his lawyer and the magistrate while he battled to maintain composure.Baloyi said the fact that the minor had been a virgin before the rape and that she had contracted a sexually transmitted infection (STI) from the musician rendered the ten year minimum sentence inadequate. No compelling circumstance was submitted that would warrant Ndlovu being sentenced to the minimum sentence of ten years, Baloyi ruled."The accused did not take the court into his confidence, he opted to not testify and show remorse for the hurt and damage he caused. His silence is a bad reflection," said Baloyi, adding that Ndlovu was not a suitable candidate for rehabilitation. Ndlovu's wife commendedBaloyi said that the rape occurred when the minor was going through an "emotional storm" in her life as she had just lost her mother, and her father had fallen ill. The emotional impact was so severe that the victim cried incessantly, became suicidal and failed her June exams, the full courtroom heard."She expected the accused to treat her like a daughter, but Ndlovu did not rise to the occasion as an uncle. He raped her and gave the title of an uncle a bad name," he said. Baloyi told the court that the minor had been bewildered by what had happened to her, and she was scared as Ndlovu had threatened to kill her if she told his wife about the rape. "She bottled this up and for seven months she was unaware that he had infected her with an STI. If, and I repeat, if he had HIV, she could have also gotten it," he scolded. He commended Ndlovu's wife for supporting the victim and for managing to get her to tell her the truth.