Cape Town - Alleged underworld “kingpin” Nafiz Modack and his co-accused on Thursday appeared in the Cape Town Regional Court where they were formally charged under one case file for a number of serious matters.
These include the failed hits on William Booth and Andre Naude, the grenade attack on slain Anti-Gang Unit detective Charl Kinnear’s family home, and the murders of Nicolaas Heerschap and Richard Joseph.
Modack, Moegamat Toufeek Brown, Ziyaad Poole, Fagmeed Kelly, Riyaad Gesant, Mario Petersen and Zane Killian were charged under the Prevention of Organised Crime Act (Poca) for their involvement in what the State has described as “the Nafiz Modack Enterprise”.
This follows the State’s request for the matters to be joined under one case file to ease the bail application process and the burden on State resources.
The matter was postponed to August 4 for Modack and Poole to bring a bail application and September 13 for the rest to appear.
The charges they face include the attempted murder of William Booth, the attempted murder of Andre Naude, the murder of Richard Joseph, the murder of a detective’s father, Nicolaas Heerschap, and the grenade attack on AGU detective Charl Kinnear’s family home.
Save for Killian, all six have also been charged for offences relating to their alleged association with, and membership of, the “Terrible West Siders” gang.
The State is alleging that Modack played a pivotal role in managing the unlawful activities of the criminal enterprise, “in that he managed the illegal operations and illegal activities of an enterprise from July 2019 until September 2020”.
Under the banner of the enterprise, the accused are alleged to have been party to a pattern of racketeering activities where they acquired businesses through illegal activity under the alleged management of Modack.
According to the State, the relationship and the nature of the enterprise was, “based on informal agreements to co-operate their common purpose and common objective to corrupt police officials in order to obtain inside information relating to investigations conducted against accused one (Modack).”
The State alleged that Modack’s cronies under his instruction as their managerial head worked to find out when police officials would conduct raids at his places, obtained information relating to people that were working for and co-operating with the police and intimidated police officials who were investigating Modack.
It is also alleged they they further assaulted, intimidated, attacked and killed people that hindered the activities of the enterprise, “to further the common goals of the Enterprise and to enrich its members”.
In another matter, Modack’s application in the Western Cape High Court, to be moved from Helderstroom to either Pollsmoor or Goodwood prisons, was dismissed.
Modack had brought an application to interdict the head of Helderstroom Prison – where he is currently detained – and the Western Cape Department of Correctional Services to have him transferred to a facility close to home in order to consult with his lawyer, advocate Dirk Uys, in preparation for trial.
Modack had been placed at Helderstroom Correctional Centre in Caledon so that authorities could monitor his safety more effectively due to him being regarded as a high-risk detainee.
However, Judge James Lekhuleni, with Judge President John Hlophe concurring, found that Modack had “failed to establish the requirements for a final interdict” and therefore could not justify his claim that his right to a fair trial had been infringed given that he still had ample time to consult with his lawyer.
Judge Lekhuleni said: “I am of the view that there are a number of alternative remedies available to the applicant (Modack) which he failed to exhaust.”