The criminal trial of Nafiz Modack, who is alleged to be an underworld kingpin, and 14 co-accused is set to begin in 2024 and last for at least three years. Around 300 witnesses are expected to be called to testify in the case. Modack appeared in the Western Cape high court on 5 May for pre-trials relating to both his criminal trial and charges of VAT evasion. During the hearing, Modack indicated that he would be applying for bail.
Modack’s mother, Ruwaida, who is also one of the accused in the SARS case, which involves alleged VAT fraud of R46 million, hugged and kissed him as she left the courtroom at the end of the pre-trial hearing. The judge assigned to manage the case, Nathan Erasmus, will retire later this year and has declared a conflict of interest in the criminal trial due to having been an advocate to one of the witnesses in the matter, André Lincoln.
Lincoln, a retired Major-General at the Anti-Gang Unit (AGU), led investigations into the assassination of Lieutenant-Colonel Charl Kinnear on 18 September 2020, in front of the detective’s house, for which Modack is charged. The state claims that Modack’s reign of terror ran from December 2017 until January 2021, and he faces over 3,100 charges, including murder, attempted murder, conspiracy to commit murder, extortion, abduction, money laundering, fraud, racketeering, undermining the administration of justice, public violence, violation of the Prevention of Organised Crime Act (POCA), and unlawful interception of communications.
Modack’s co-accused on the indictment are Zane Kilian, Ziyaad Poole, Moegamat Toufeeq Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Jacques Cronjé, Petrus Visser, Janick Adonis, Amaal Jantjies, Ashley Tabisher, Yaaseen Modack, Mogamat Adiel Mukadam, and Ricardo Anthony Morgan. Judge Erasmus emphasised the importance of the accused in both the criminal and SARS matters being represented by attorneys, who can give the court an undertaking that their legal fees have been sorted out.
He recommended that all the accused complete application forms with SA Legal Aid to assess whether or not they qualify. The only representative who gave an undertaking was advocate Bruce Hendrickse, representing alleged corrupt AGU Sergeant Ashley Tabisher, who told the court that “this long delay in getting this matter finally to trial has placed my client and myself in a very difficult position. I have instructed my client that I will continue on a legal aid fee once the coffers have run dry.”
Modack was still without a lawyer in both the criminal and SARS matters on Friday, citing that lawyers were unwilling to drive two hours to Helderstroom Correctional Centre near Caledon. As a result, he is making an urgent application to the Western Cape high court to be transferred to a jail closer to the court where consultations can happen. Judge Erasmus interrupted Modack, saying, “Malmesbury (prison) don’t want you because of a cell phone you had in your possession,” to which Modack mumbled, “they brought into prison.”
Modack also informed the court that he would bring a new bail application based on the fact that the gun license charge against him was withdrawn in Kempton Park. Modack has been in custody since his arrest after a high-speed car chase in Cape Town in April 2021. Bail for him and his co-accused was denied in January 2022 in the Blue Downs Regional Court.
Mboma Mboma 