‘Brickz’ denied leave to appeal rape conviction
Sipho 'Brickz' Ndlovu was sentenced to 15 years in prison in the Roodepoort magistrates court earlier on Tuesday.
JOHANNESBURG - Convicted rapist Sipho “Brickz” Ndlovu has been denied leave to appeal his conviction.
Ndlovu was sentenced to 15 years in prison in the Roodepoort Magistrates Court Earlier on Tuesday.
He was found guilty of raping his 16-year-old niece in 2013 and threatening to kill her if she came forward.
Ndlovu’s lawyer Piet du Plessis had submitted to the court that the circumstances around the case warranted leave to appeal the conviction.
#Brickz: Application for leave to appeal the conviction has been refused. KM— EWN Reporter (@ewnreporter) October 17, 2017
#Brickz: Du Plessis:If the victim was in so much pain that she could not walk, why is it that Brickz's wife, the complainant saw nothing.KM— EWN Reporter (@ewnreporter) October 17, 2017
He said the assertion that Ndlovu ambushed the victim and used a belt to threaten her were improbable and should still be argued in a court of law.
However, Magistrate John Baloyi insisted that those details had already been addressed, were immaterial and did not give a reasonable prospect that the appeal would succeed.
“Contradictions and improbability alluded to by the defence were dealt with extensively.”
The defence now has 14 days to petition the High Court to appeal.
If granted Ndlovu will then be permitted to state his case.
The National Prosecuting Authority (NPA) has welcomed the sentence handed to Ndlovu.
The NPA’s Phindi Louw says it agrees with the court's decision that it would not be in the interests of justice to give Ndlovu a sentence lower than the maximum of 15 years.
“We have argued that the minimum prescribed sentence of 10 years would be disproportionate to the gravity of the offence.”
She's also shown support for the court’s decision to deny an application by the defence for leave to appeal the conviction, saying there would be no potential for the decision to be changed.
Louw says while the defence has the option to petition the High Court to appeal, they are ready to oppose.
(Edited by Zamangwane Shange)