NPA RESTORES COMMUNITY'S FAITH IN THE JUSTICE SYSTEM THROUGH HEAVY SENTENCES FOR NOTORIOUS GANG MEMBERS

The National Prosecuting Authority (NPA) has helped restore the confidence of the Clarke Estate community in Elsies River in the criminal justice system after securing lengthy direct imprisonment sentences against members of a notorious gang that terrorised residents for years.

The Western Cape Division of the High Court in Cape Town sentenced members of the Horrible Gang, Alfonso Hendricks, Aubrey Rooi, and Jade Taylor, to effective life imprisonment following their convictions on charges including contravention of Section 9(1)(a) of the Prevention of Organised Crime Act (POCA) 121 of 1998 for aiding and abetting gang activities, murder, illegal possession of firearms, and illegal possession of ammunition.

Hendricks was convicted of contravening Section 9(1)(a) of POCA, seven counts of murder, robbery with aggravating circumstances, illegal possession of a firearm, and illegal possession of ammunition. He was sentenced to seven life sentences and an additional 111 years' direct imprisonment. The court ordered the sentences to run concurrently, resulting in an effective sentence of life imprisonment.

Rooi was convicted of contravening Section 9(1)(a) of POCA, four counts of murder, robbery with aggravating circumstances, illegal possession of a firearm, and illegal possession of ammunition. He received four life sentences and an additional 66 years' direct imprisonment. These sentences were also ordered to run concurrently, resulting in an effective sentence of life imprisonment.

Taylor was convicted of contravening Section 9(1)(a) of POCA, one count of murder, illegal possession of a firearm, and illegal possession of ammunition. He was sentenced to life imprisonment and an additional 21 years' direct imprisonment, with the sentences ordered to run concurrently.

A fourth gang member, who was 16 years old at the time of the offences committed during the gang's killing spree between December 2019 and January 2020, was convicted of contravening Section 9(1)(a) of POCA, three counts of murder, illegal possession of a firearm, and illegal possession of ammunition.

In addressing the court, State Advocate Leon Snyman submitted that the accused should be sentenced in accordance with the provisions of the Child Justice Act 75 of 2008 and the ordinary sentencing principles applicable to a child in conflict with the law. However, he stressed the gravity and multiplicity of the offences and argued for a substantial custodial sentence. The court agreed and imposed an effective 15-year term of direct imprisonment after ordering portions of the 66-year sentence to run concurrently.

During sentencing proceedings, Adv Snyman argued that the accused had shown no remorse for their actions. He further highlighted that some of the victims were witnesses or potential witnesses and that substantial and compelling circumstances existed for the court to impose severe sentences.

He informed the court that Hendricks had a previous conviction for murder, while Rooi had previous convictions for illegal possession of a firearm and illegal possession of ammunition.

Adv Snyman further submitted that the murders were exceptionally serious offences in which human lives were deliberately and unlawfully taken through firearms-related violence associated with gang criminality. He emphasised that the court was not dealing with isolated incidents, but with a series of serious offences committed over a relatively concentrated period.

He urged the court to consider the devastating impact of organised gang violence on communities, the climate of fear and intimidation created by such conduct, and the ongoing threat posed by gang-related criminality.

The court also considered 12 Victim Impact Statements compiled with the assistance of the Court Preparation Office. In their statements, family members expressed that they had lost faith in the criminal justice system and never believed they would see justice served. They indicated that it had become commonplace in their community for murders to occur without arrests or successful prosecutions.

Western Cape Director of Public Prosecutions, Adv Adrian Mopp, applauded the prosecution and investigation team, comprising Adv Snyman and Sergeant Theo van Wyk of Elsies River SAPS, for their dedication and meticulous work in securing the convictions and sentences.

"Your diligent work has ensured justice for the victims, their families, and the broader Clarke Estate community. We hope the families find closure in knowing that every effort has been made to hold the perpetrators accountable. We also trust that this outcome has restored faith in the justice system and serves as a clear message that those who terrorise communities through violent crime and gang activity will face the full might of the law," said Adv Mopp.

Ends

Issued by:

Eric Ntabazalila

NPA Regional Spokesperson: Western Cape Division