Nafiz Modack ‘enterprise’ case transferred to Western Cape High Court

Nafiz Modack leaving Cape Town Magistrate’s Court. Picture: Henk Kruger/African News Agency (ANA)

Nafiz Modack leaving Cape Town Magistrate’s Court. Picture: Henk Kruger/African News Agency (ANA)

Published Apr 24, 2023

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Cape Town - Cape Town’s “crime kingpin” Nafiz Modack and 14 co-accused are expected to appear in the Western Cape High Court next month.

Western Cape NPA spokesperson Eric Ntabazalila said: “The matter of State versus Nafiz Modack and 14 others was transferred to the High Court of South Africa: Western Cape Division.

“They will make their first appearance on May 5. This is the same day the tax matter against Modack and eight others will be on pre-trial as well.”

The matter was transferred from the Blue Downs Magistrate’s Court.

Modack, Zane Killian, Ziyaad Poole, Mogamat Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Jacques Cronje, Petrus Visser, Jannick Adonis, Amaal Jantjies, Ashley Tabisher, Yaseen Modack, Adiel Mukudam and Ricardo Morgan are charged under the Prevention of Organised Crime Act (Poca) for allegedly participating in an illegal “enterprise” between December 2017 and January 2021.

Under the banner of the enterprise, the accused are alleged to have been party to a pattern of racketeering activities where they acquired business through illegal activity under the alleged management of Modack.

Modack, Cronje and Tabisher lost their bail appeal application at the high court in March.

In the judgment, Judge Mark Sher said: “Given the evidence which was put before the magistrate, there is every likelihood that, were they to be released ... their release on bail would jeopardise the function of the criminal justice system and would place the integrity of the bail system in question and bring it into disrepute.”

Modack is facing over 3000 counts, including unlawful interception of communication, corruption of public officials, money laundering, intimidation and conspiracy to commit murder.

In a different matter, Modack is charged alongside Faried van der Schyff, his brother Yaseen, his mother Ruwayda Modack, Bashier Syce, Nadia Sait, Dominique McLachlan, Kulsum van der Schyff and Layla Bedderson on additional charges of fraud, forgery and uttering, and contraventions of the Value Added Tax Act.

Modack is expected to appear for both pre-trial hearings simultaneously.