A suspected gang boss from Manenberg has been released from jail after successfully appealing a life sentence for the murder of a rival skollie.
After just two years behind bars, the alleged leader of the Clever Kidz gang, Moegamat Faeez “Faizy” Hendricks, and his co-accused, Naeem Benjamin, were set free after the Western Cape High Court last week overturned their convictions.
The scathing judgement handed down by a full bench on 10 November slammed the state for failing to prove the accused were guilty, and highlighted essential evidence which shows the men could not have been in the location stated during court proceedings.
In 2019, Hendricks aka “Faizy” was sentenced to life for the murder of Angelo Davids, 35, while Benjamin was handed 20 years by Judge Tandaswa Ndita.
During the explosive trial, it was revealed that Angelo, a member of the Hard Livings gang, came under attack from the Clever Kidz and Dixie Boys after Faizy was shot in the arm.
The case was shrouded in controversy when a day before the trial was set to start, the home of the state’s star witness, Roegshanda Pascoe, was shot at.
Pascoe was not at home at the time but her children and grandchildren were left traumatised.
The family fled Manenberg and continue to live in hiding.
In the judgement, the judges highlight a GPS tracker worn by Faizy on the night Davids was killed.
An expert testified that Faizy was on parole at the time and had an ankle bracelet.
It further states that the tracker corroborates the testimony given by Faizy and was in contrast to that of Pascoe, and the judges accuse the state prosecutor of failing to establish whether her testimony would help their case.
“I am of the view that the state did not do what was needed to prove its case against the appellants beyond reasonable doubt.
“That was its primary task!” the document states.
“The community of Manenberg relied on the state to bring the perpetrators to book.
“Failing to make the necessary effort by calling all possible witnesses and thereby ensuring a proper conviction is not only prejudicial to an accused, but also negatively affects the confidence that the public in general and the community should have in our justice system.”
The judges ordered that both men be found not guilty and be released from custody immediately.
Speaking to the Daily Voice this week, Pascoe said she expects trouble, but will fight back.
“I am more than willing to die but I am not going to die without a fight,” she said.
“We are not going to run anymore, we are not going to hide anymore.
“We are going to keep the state accountable because the shooting on the day before I had to testify is a clear indication of the threat.
“They waited for something to happen before they acted.”
FIGHTING BACK: Roegshanda Pascoe
She said even though there was an application for her family to be placed in witness protection, it would only have been in place for the duration of the trial.
“Which meant I would have been left out to dry.
“We had to pick up the pieces ourselves.
“The only thing the state was interested in was securing a case, getting a conviction and bragging in the newspapers.
“As much as Faeez hates me and wants to kill me, he is also a victim of the state as they failed to rehabilitate him while in prison.
“Where he was in prison getting a plate of food, there were nights when my family and I had to go without.”