Nafiz Modack claims to be a self-employed businessman who deals in cars and immovable property, renders private security services, does charitable work, is committed to combating drug abuse among young people and has no violent tendencies. But an indictment containing more than 3,100 charges depicts Modack as the leader of a lucrative criminal organisation: the “Modack Enterprise”.

Modack and his 14 co-accused will appear in the Western Cape High Court on Friday for pretrial proceedings. A trial date will be determined if all pending paperwork and legal counsel for the accused are resolved.

The State claims that Modack’s reign of terror ran from December 2017 until January 2021. Murder, attempted murder, conspiracy to commit murder, extortion, abduction, money laundering, fraud, racketeering, undermining the administration of justice, public violence, violation of the Prevention of Organised Crime Act and the unlawful interception of communications are among the charges he and his co-accused face.

Modack’s co-accused are former debt collector and rugby player Zane Kilian; Terrible West Siders gang members Ziyaad Poole, Moegamat Toufeeq Brown, Riyaad Gesant, Fahmeed Kelly and Marco Petersen; former Anti-Gang Unit Sergeant Ashley Tabisher; Junky Funky Kid gang member Janick Adonis; Jacques Cronje, Petrus Visser, Amaal Jantjies, Yaaseen Modack, Mogamat Adiel Mukudam and Ricardo Anthony Morgan.

Modack has been incarcerated since his arrest after a high-speed car chase in Cape Town in April 2021. Bail for him and his co-accused was denied in January 2022 in the Blue Downs Regional Court. Modack and co-accused Cronje and Tabisher appealed against the refused bail applications. Their appeal was dismissed by Western Cape High Court Judge Mark Sher on 3 March 2023.

Modack and debt collector Kilian are the main accused in the murder of Anti-Gang Unit Lieutenant-Colonel Charl Kinnear in front of his house in 2020. The two are also prime suspects in an attempt on the life of  lawyer William Booth on 9 April 2020.

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

Modack Enterprise

The State alleges Modack is the leader of a criminal enterprise, which it called the Modack Enterprise.

The indictment in this regard reads: “The State will refer to the said enterprise as the Modack Enterprise as a result of the pivotal and lead role that Modack played in managing the operation of the activities.”

The State averred that the objectives of the enterprise were:

• To corrupt police officials to obtain inside information relating to investigations conducted against Modack;
• To intimidate police officials who were investigating Modack;
• To extort money and in the process intimidate people;
• To murder/attempt to murder people that hindered the activities of the enterprise; and
• To further the common goals of the enterprise and to enrich its members.

Murders

Topping the list of murders which Modack is accused of orchestrating were those of Kinnear and ex-Hawks Warrant Officer Nico Heerschap’s father, Nicolaas, who was killed in a case of mistaken identity — his son was the intended victim. Kinnear and Heerschap Jnr were investigating Modack.

Read more in Daily Maverick: Mystery witness Mr X links underworld figure Nafiz Modak with others involved in ‘hits’

Another murder in which Modack, Cronje and Visser are primary suspects stems from an attack at a Green Point, Cape Town, nightclub in December 2017, when Pitshou Falanga Ngwalo was beaten and stabbed.

According to the indictment, the murders for which Modack is the main suspect date back to September 2019, when Richard Joseph was shot and killed at CF Towing Services in Kuilsriver.

Another claim in the indictment is that Modack used members of the Junky Funky Kids gang and the Terrible West Siders gang to carry out hits. DM