South Africa


Another former accomplice of alleged gangster Nafiz Modack convicted after striking plea deal

Another former accomplice of alleged gangster Nafiz Modack convicted after striking plea deal
Alleged underworld boss Nafiz Modack. (Photo: Gallo Images / Jaco Marais)

A man allegedly hired by underworld figure Nafiz Modack to commit fraud has ratted on his former boss and landed himself a fine and suspended sentence.

On Friday 24 June, Reza van Oudtshoorn was convicted on fraud charges after entering into a sentence and plea agreement with the State.

The fraud was committed in June 2020 and relates to Van Oudtshoorn compiling an annual financial statement ending 29 February 2020 in respect of Empire Investment Cars. He initially said that Natasha Kinnear, a chartered accountant, had signed a statement which was used for asset finance from Nedbank.

However, he admitted in his plea and sentence agreement that he had lied and that Kinnear had never signed the document.

Van Oudtshoorn admitted that on 3 June 2020 — with the intent to defraud and prejudice Natasha Kinnear — he prepared and submitted, on the request of Nafiz Modack, an annual statement for the year ending 29 February 2020 for Empire Investment Cars based on information supplied by Modack.

“… Nafiz Modack supplied me with all the information… I compiled the financial statement and supplied it to Nafiz Modack. I admit that I indicated in the annual statement of Empire Investment Cars that Natasha Kinnear, a chartered accountant who was working with me at RR Accounting Services, compiled the financial report,” his plea and sentence agreement reads.

Van Oudtshoorn was sentenced to a fine of R10,000 or two years’ imprisonment suspended for five years.

Van Oudtshoorn’s name first surfaced in September 2021 during a hearing in the Blue Downs Regional Court for a bail application by Modack.

Hawks investigator Captain Edward du Plessis — part of the task team probing the 2020 assassination of former Anti-Gang Unit detective Charl Kinnear and the failed attempt on the life of criminal lawyer William Booth in April 2020 — said in his affidavit dated 29 September 2021 that the Empire Investment account was used for criminal activities.

Du Plessis identified Van Oudtshoorn as a co-conspirator in criminal activities allegedly perpetrated by the Modack Enterprise. Other suspects implicated, according to Du Plessis, were Modack’s brother Yaseen, Mogamad Adiel Mukadam, murder co-accused Zain Kilian, Ricardo Morgan and Amaal Jantjies, who the State contends conspired with Modack to murder Charl Kinnear.

On how the Empire Investment Cars account was used to allegedly disguise Modack’s criminal activities, the flow of money demonstrated in Du Plessis’ affidavit showed;

  1. Yaseen Modack was until 8 May 2020 the director of the company. Directorship changed to Mogamad Adiel Mukadam on 6 May 2020 and was backdated to May 2019.
  2. Du Plessis discovered that Mukadam received a monthly salary from Empire Investment of R100,000, which commenced on 7 August 2020.
  3. Du Plessis found 39 suspicious transactions with a total of R1,237,500 made between 28 August 2018 and 1 October 2020.
  4. Rehana Ismail, Modack’s wife, allegedly confirmed 57 payments to the value of R455,200 from Empire Investment Cars into her personal account, and that these payments were made by her husband between 28 July 2018 and 28 August 2020.

Du Plessis further found that the account of Empire Investment Cars allegedly made 12 payments to Zane Kilian totalling R96,500 between 26 February 2020 and 4 September 2020, 19 payments to Ricardo Morgan (R140,000) between 19 September 2019 and 12 December 2020, and five payments to Amaal Jantjies (R64,000) between 9 and 15 November 2019.

Modack and debt collector Kilian are the main accused in the murder of detective Kinnear in September 2020, and key players in the attempt on the life of Cape Town lawyer William Booth on 9 April 2020.

Van Oudtshoorn’s is the third plea and sentence agreement in which suspects have fingered Modack.

First was confessed Junky Funky Kids gang member Fareez Smith’s admissions in April. Smith was arrested in front of Kinnear’s home on 23 November 2019 and found in possession of a hand grenade. He had been instructed to throw it at Kinnear’s house.

On 6 June, 35-year-old Terrible West Siders (TWS) gang leader Moegamat Toufeeq Brown, alias “Bubbles”, was in court in connection with the attempted murder of Booth.

The connection with Brown first surfaced during a plea and sentencing agreement of three TWS gang members (Kauthar Brown, Ebrahim Deare and Riyaad Gesant) entered into with the State in April 2021. The trio admitted that the attempted murder of Booth had been ordered by their imprisoned leader.

On 8 June, Modack, Brown, Ziyaad Poole, Fagmeed Kelly, Riyaat Gesant and Mario Petersen were formally charged for the 2019 murder of Nicolaas Heerschap, the 74-year-old father of Hawks investigator Nico Heerschap.

The following day, 9 June, Modack and Poole appeared in the Blue Downs Magistrates’ Court in connection with the murder of tow-tuck driver Richard Joseph.

The two counts of murder will be added to the preliminary indictment the State has compiled against Modack and his co-accused, who are due back in the Blue Downs Regional Court on 6 July. DM


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