The State has also argued that Nafiz Modack allegedly used money from this account to pay lawyers who represented him and associates of his suspected criminal enterprise.

These details are contained in affidavits deposed by Captain Pieter Joubert, from the Hawks, and handed in at the Cape Town Regional Court on Friday, 11 November. The affidavits form part of the State’s arguments opposing the release on bail of alleged gangster Ziyaad Poole.

The State contends that Poole was Modack’s right-hand man, was employed by Modack, and allegedly orchestrated “hits” allegedly ordered by Modack.

Poole is alleged to have received payments or a salary, or both, from Empire Investment Cars’ accounts as far back as 1 May 2019.

He and co-accused Modack, Moegamat Toufeek Brown, Fagmeed Kelly, Riyaad Gesant, Mario Petersen and Zane Kilian are accused of acting in common purpose in executing the murder of Nicholaas Heerschap, the father of ex-Hawks Warrant Officer Nico Heerschap in Melkbosstrand in July 2019. Modack is alleged to have ordered the hit.

At the time of Heerschap senior’s murder, Nico Heerschap had been investigating Modack since 2016.

On the day of the killing, Nico Heerschap was set to testify in a bail hearing against Modack’s associates.

It was the Heerschap investigation that laid bare the “criminal” nature of Empire Investment Cars and how Modack allegedly funded crimes.

Several hits

According to Joubert’s affidavit, Poole arranged several hits on Modack’s instructions.

Poole was also a co-accused in the attempted murder of criminal lawyer William Booth in April 2020 and was implicated in the murder of Richard Joseph on 20 September 2019, as well as in the attempted killing of alleged underworld figure Andre Naude on 6 September 2019.

The State contended that these crimes were premeditated and that Poole had facilitated the payments to the hitmen.

Poole has denied the allegations.

New facts on Charl Kinnear

Joubert, in his affidavits, also revealed new facts implicating Poole in an attempt to kill former Anti-Gang Unit officer Charl Kinnear in 2019.

Towards the end of that year, there had been an incident outside Kinnear’s Bishop Lavis house involving a hand grenade — this attack failed. Amaal Jantjies and Janick Adonis are accused of involvement in this incident.

Kinnear was assassinated on 18 September 2020 outside his house when a gunman shot him as he sat in his car.

Modack and debt collector Zane Kilian are the two main accused in Kinnear’s murder.

The new evidence that emerged in Joubert’s affidavits looped back to matters linked to the grenade incident.

The affidavits said: “Poole allegedly handed a package to Amaal Jantjies on 21 November 2019 containing cash. SMS communication between Jantjies and Janick Adonis revealed that this envelope contained R10,000 in cash that she had to use to fund the attack on Kinnear house that occurred on 22 November 2019.”

The State therefore maintained that Poole facilitated the attack and assisted Modack, who employed him, by giving the cash to Jantjies.

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Jantjies and Adonis were key role players who, the State averred, were behind at least five attempts in November 2020 to murder Kinnear. 

Jantjies also allegedly corrupted Anti-Gang Unit member Sergeant Ashley Tabisher who the State believes kept Modack informed about raids on his house being planned by the unit. 

In return, Adonis allegedly paid Tabisher R10,000.

Read more in Daily Maverick: “Former rugby player and murder accused Zane Kilian was allegedly paid R96,500 from a company that appears to be linked to alleged underworld figure Nafiz Modack”

Mr X

Details of a suspect identified only as Mr X (to protect their identity) also emerged in papers filed in the Cape Town Regional Court. 

Mr X lived in Argyle Street, Woodstock, a Cape Town suburb that is a stronghold of the Terrible West Siders gang.

“Mr X informed investigators that Poole was working for Modack with a white male known as ‘Killer’. I can confirm that Reiner van der Vyfer @ ‘Killer’ was working for Modack… he is currently charged in Bellville Magistrates’ Court.

“Mr X has deposed to an affidavit setting out the link between Modack, Brown and Poole relating to the attempted murder of Booth and the murder of Heerschap,” Joubert’s affidavit said.

With the new facts that have emerged during Poole’s bail application, the State is busy consolidating the final indictment.

Judgment in the Poole bail application has been reserved. DM