Judge says it's unlikely he'll grant application for charges against Modack to be dropped
The discharge application for Modack and two of his fourteen co-accused was submitted in court on Tuesday.
The high-profile case against alleged underworld gang boss Nafiz Modack and 14 others resumed in the Western Cape High Court on 21 January 2025. Picture: Carlo Petersen/EWN
CAPE TOWN - A High Court judge said it was unlikely that he would grant an application for the charges against alleged underworld gang boss, Nafiz Modack, to be withdrawn.
The discharge application for Modack and two of his 14 co-accused was submitted in court on Tuesday.
Modack and his co-accused face 122 charges for various crimes related to allegedly operating a criminal enterprise.
Judge Robert Henney told defence advocate, Bashier Sibda, that if he granted the application for Modack, he would most likely have to grant it for all of the accused.
Sibda presented the court with the application on Tuesday, saying the State's case against Modack was flawed as many of the witnesses lacked credibility.
Sibda also told the court that Modack never instructed some of the accused to commit crimes despite their versions saying they acted on his behalf.
The application sought to have charges against Modack, Ziyaad Poole and Yaseen Modack withdrawn.
Attorneys for the other accused will make their submissions when the matter continues on Wednesday.