Nafiz Modack trial: What we know so far
Modack and his co-accused face 124 charges for a host of crimes, including murder and attempted murder. The trial is the gateway into Cape Town's criminal underworld characterised by greed, abuse of power, corruption and ordered executions.
Nafiz Modack (L) and 14 others face more than 100 charges for their alleged involvement in various crimes. They were in the Western Cape High Court again on 22 April 2024. Picture: Carlo Petersen/Eyewitness News
CAPE TOWN - The high-profile trial against alleged organised crime kingpin Nafiz Modack and 14 other co-accused currently underway in the Western Cape High Court has given a gruesome insight into Cape Town's criminal underworld.
Modack and his co-accused face 124 charges for a host of crimes, including the murder of top cop Charl Kinnear, the father of a Hawks officer Nicolaas Heerschap, tow-truck driver Richard Joseph and the attempted murders of criminal defence attorney William Booth and alleged underworld figure, Andre Naude.
MODACK TAKES THE STAND IN JANUARY
The trial began in January when Modack revealed he was bankrupt and could not afford his lawyer.
But Judge Robert Henney - presiding over the matter - made it clear the trial would not be delayed and ordered the State to appoint a legal aid lawyer. Soon thereafter advocate Bashier Sibda was appointed as Modack's attorney.
After requesting to be moved closer to his attorney, Modack was moved from Helderstroom Prison in Caledon to Goodwood Prison for the remainder of the trial.
The spotlight then briefly turns to former Anti-Gang Unit (AGU) member and one of the co-accused in the matter, Ashley Tabisher.
It is alleged that Tabisher gave Modack information on AGU raids and court cases related to alleged gang activities.
As the lengthy indictment is read out in court, Modack pleads not guilty to all of the charges against him, including the murder of Kinnear.
Modack tells Judge Henney: "I plead not guilty your honour, because I didn't kill anyone."
He later tells Henney, "The police murdered Charl Kinnear and I have evidence to prove it."
CHARL KINNEAR MURDER SPOTLIGHTED
When Eyewitness News approached the wife of Kinnear, Nicolette, about Modack's allegations she said that she believes more people are behind her husband's murder - and she has no doubt Modack has corrupt relationships with high-ranking police officers.
As the case unfolds we hear how Modack allegedly tried to bribe Kinnear and his colleague, Major General Jeremy Vearey.
It is the State's case that in 2017, the AGU reported to Vearey, while Kinnear worked in the same unit as a lieutenant. The State says members of the unit - led by Kinnear - seized firearms and ammunition from Modack's security company in April that year.
The State says Modack then employed a middleman to bribe both Vearey and Kinnear to return the weapons - an offer which Vearey denies was accepted.
FIRST STATE WITNESS TAKES THE STAND
The court is then introduced to the State's first witness, a self-confessed hitman who can only be identified as "Mr A".
Mr A is currently serving a 25-year sentence for the murders of Heerschap in July 2019, and Joseph in September 2019 after taking a plea bargain. He also admits to being behind the attempted murders of Booth and Naude - all allegedly on behalf of Modack.
He testifies how two members of the Terrible West Siders (TWS) gang in Woodstock - a gang to which he admits he was a member - asked him to murder Heerschap on behalf of Modack.
Mr A tells the court he was driven to Melkbostrand with three other co-accused Riyaat Gesant, Fagmeed Kelly and Mario Petersen.
He says he was given a photograph of Heerschap's vehicle and acting on instruction from Gesant, and that when they arrived at the Heerschap residence he shot the pensioner twice in the head as he was reversing out of the driveway.
Investigators believe the Heerschap murder was a botched hit as the intended target was Heerschap's Hawks officer son, Nico.
The co-accused have since denied being part of the murder despite Mr A testifying that Petersen told him a "big boss" would reward him with more jobs, money and bullet-proof cars for the murder.
Mr A also testified that co-accused Toufeek Brown is the leader of the TWS, who later paid him and the other gang members for the Heerschap murder.
He goes on to detail how another accused, Ziyaad Poole acted on behalf of Modack to ask Mr A to murder Joseph, Booth and Naude.
Mr A admits to killing Joseph and later making various attempts to murder Booth and Naude, which proved futile.
During cross-examination, Modack's lawyer, Sibda, tells the court of a plot against his client involving high-ranking police officials - Vearey and Andre Lincoln - and alleged underworld gang boss Jerome "Donkie" Booysen.
MODACK CLAIMS HE HAD BEEN A TARGET
Modack has alleged that the plot against him started in 2017 when he took over the security contracts at various hotels, grocery stores, apartment blocks, jewellery stores and most importantly nightclubs in Cape Town and Camps Bay.
He further alleged he was framed for Kinnear's murder by corrupt cops who feared Kinnear was about to expose them.
Sibda says this would explain why Kinnear's security detail was removed by the South African Police Service just before the murder happened.
Sibda asserted that Modack would provide evidence to prove his allegations later in the trial.