Testifying against killers appealing ruling a 'life sentence' for Roegshanda Pascoe

Roegshanda Pascoe File photo: African News Agency (ANA)

Roegshanda Pascoe File photo: African News Agency (ANA)

Published Nov 28, 2019

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Cape Town – Roegshanda Pascoe's life after turning State witness is not too dissimilar from being imprisoned. She is jobless, living with limited freedom in a safe house, has no transport and she and her family are too scared to ever return to Manenberg.

The Manenberg activist had hoped for some respite after the men she testified against – Clever Kidz gang leader Moegamat Faeez “Faizy” Hendricks and Naeem Benjamin of the Dixie Boys – received lengthy prison sentences last month for murdering Angelo Davids, 26.

Hendricks received a life sentence (25 years) and Benjamin 20 years' jail after Davids was stabbed and beaten, and left to die in a Manenberg street in broad daylight in July 2016 – an incident which was witnessed by many people.

To Pascoe's surprise, Hendricks and Benjamin have lodged an application to appeal the sentence, alleging the court “overemphasised” the reliance on testimony given by Pascoe and Craig Brink, the victim's brother.

Judge Thandazwa Ndita granted leave to appeal her ruling and the matter will be heard early in the new year.

The irony is not lost that a witness whose credibility is being questioned is the same person who had to be relocated after a hit had been put out on her while her house – with her family inside – was shot to pieces in March. Her family was sleeping and she had been moved to a safe house the day before she was to testify. 

The sound of her grandchildren crying in the background, when her 24-year-old son called to inform her that they had managed to survive a hail of bullets, still haunts her.

The Global Initiative Against Transnational Organised Crime has helped keep her family safe and have taken out an extension on the safe house she is currently living in.

"Faizy gets afforded the time to appeal and fight his judgment and attack people’s credibility. Yet my family's lives have not been sorted out," Pascoe, who has been in witness protection with her family since March, told the Cape Times on Wednesday. 

“I am living in hiding and my children have been traumatised because I chose to testify.

"I don’t feel safe. You go through a process of trauma and I’ve told the children, 'clearly they are after me and not you, so why don’t you move back to Manenberg'.

"They say they will never feel entirely safe because they were violated at the house. Going to the shop where we are staying now, they have to be on alert. I try to go to the shop sometimes and take that leap, and then it kicks in that you can’t trust anyone.

"As much as people will say it’s over now, it’s never over when it comes to gangsters. The code of gangsters is that once somebody has hurt them, they won’t stop until they got what they want. 

"They will keep trying even if they have to pay somebody to do the job for them, which happened with the shooting at my house. I am afraid for the people who support me and go the extra mile to keep me and my family safe.

"I am suffering for standing up for justice in court and just being human.

"I have had time to reflect and as an activist fighting crime, I realise I have always been out there helping other people, but when it comes to my own family it can’t be that I am not able to help them.

"This is when I contacted the minister (Western Cape Social Development MEC Sharna Fernandez) and asked why am I not supported and why my children (Pascoe has three children and three grandchildren) aren't supported with their education (they have been restricted to the safe house until sentencing). No social worker has contacted me during this time. 

"It’s been a big failure from the State’s side to assume that everything is fine with me and my children. Not one (Western Cape) department has lent a hand to assist my children. It has been a huge disappointment for me.

"I don’t have a full-time job. I kind of do freelancing when comrades arrange an opportunity for me to share my story or give some information.

"My son lost his job in the process because he was retrenched. At this moment the income that we live on is basically my child support from my younger daughter’s father. My daughter-in-law receives a social grant for my grandchildren. 

"My son-in-law works, so we help each other along the time. Most of the time it is from people with good hearts that we are pulling through, giving me the odd R100 or R200 or dropping off groceries and giving me data and airtime.

"I have engaged the Department of Social Development regarding my grandson and my daughter’s schooling. I am seeing them tomorrow morning (Thursday)."

The 51-year-old Hendricks has a long list of convictions dating back to 1986. 

This is the second time the father of 25 children has been convicted of murder. In 1998, he was handed a 27-year sentence for the murder of 4-year-old Tarryn Busch in Manenberg. 

He was released on parole after 14 years after Tarryn's mother, Glynnis, had sent a letter to the Parole Board to help free the seven killers.

Hendricks and Benjamin are clearly not happy with the prospect of spending so much time in prison.

Truth be told, it's Pascoe who has received a life sentence in the real sense of the word. 

There is no chance of parole for her and, at this time, no local authorities whose better judgement she can count on when it comes to the sacrifices State witnesses have to make.

Cape Times

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