Judge Henney made the remarks as Bradley Goldblatt was wrapping up his testimony and being cross-examined by Zane Kilian’s counsel, Adv Pieter Nel, in the Western Cape Division of the High Court on Monday, 20 May.

Goldblatt admitted to the court on 16 May that he sold pings illegally, but that he had alerted authorities on 3 September 2020 to a possible threat to the life of the Anti-Gang Unit’s Lt Col Charl Kinnear.

He gave the court a detailed account of Kilian’s purchase of pings and of how Kilian pinged Kinnear, lawyer William Booth and alleged Sexy Boys gang leader, Jerome “Donkie” Booysen.

Read more in Daily Maverick: “Hawks were monitoring pinging of Kinnear’s phone when he was assassinated, court hears”

Kilian has admitted to pinging Kinnear’s cellphone to trace his location, and claims he did so at the behest of co-accused Nafiz Modack. 

Kinnear was gunned down in September 2020.

Initially, Kilian was the sole accused, but Modack was added to the charge sheet. Both men have also been charged with attempting to murder Booth.

Modack and Kilian, along with 13 co-accused, are collectively facing 124 charges including murder, attempted murder, corruption, gangsterism, extortion, the illegal interception of communications, money laundering and contravention of the Prevention of Organised Crime Act.

The other accused are Jacques Cronje, Ziyaad Poole, Moegamat Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Petrus Visser, Janick Adonis, Amaal Jantjies, former Anti-Gang Unit Sergeant Ashley Tabisher, Yaseen Modack, Mogamat Mukudam and Ricardo Morgan.

Nafiz Modack (left) and Zane Kilian in the Western Cape Division of the High Court, where they and 13 co-accused face a slew of charges, including the murder of the Anti-Gang Unit’s Lieutenant Colonel Charl Kinnear. (Photo: Jaco Marais / Die Burger / Gallo Images)

Pattern of pinging

The court also heard on 16 May that Goldblatt did not have any authorisation under the Rica Act to perform pinging and that he was doing so illegally.

Asked by Nel to explain the process in layman’s terms, Goldblatt replied: “The pattern of movement of the person being pinged showed Kinnear’s work and home addresses, the times he left and arrived, and the car he was driving, all provided by the MarisIT system. The pinging indicates whether a person was going to his home, a shopping mall or to work.”

Henney then told Goldblatt: “You are ultimately responsible for this pinging because you caused it. The LAD system you used was illegal. Kilian interfaced with the MarisIT system, from which he obtained the person’s actual identity and address.

“Once you had the MarisIT system combined with the information from the LAD system, you could trace a person, provided you had an address given to you by MarisIT, which is illegal. You shouldn’t sell the MarisIT system. You put Kilian in a position to ping Kinnear. If Kilian has to go down as a client, you also have to go down.”

Goldblatt replied: “Yes, my Lord, I realise that.”

Nel asked Goldblatt if he was aware that his name was included in the Independent Police Investigative Directorate (Ipid) report on Kinnear’s murder, and he replied, “Yes, I was aware, and I made a statement to Ipid.”

Leaked Ipid report

A leaked Ipid report compiled by Lt Gen Moeketsi Sempe, divisional commissioner of visible policing and dated 6 October 2020, outlines the investigation into Kinnear’s assassination.

According to the report, statements were obtained from, among others, Kinnear’s widow, former Major General Andre Lincoln, former Major General Jeremy Vearey, Warrant Officer Wynand Olivier, Major General Ebrahim Kadwa and Lt Col Buyani Mabasa.

Vearey, according to the report, stated that Modack could have had a relationship with General Mzwandile Tiyo, then Western Cape head of Crime Intelligence, Major General Patrick Mbotho, and Captain Paul Hendricks from the Hawks.

“During 2018, Vearey redeployed the deceased, Kinnear, to the Anti-Gang Unit, where, soon after, Kinnear informed him about the existence of a rogue unit which had intentions to arrest amongst others, the deceased,” the report reads.

Caryn Dolley, author and investigative reporter for Daily Maverick, also reported in October 2022 that Ipid was grilled in Parliament about why a report on the assassination of Kinnear was suddenly restricted, preventing public access to it. 

Police Committee chairperson Tina Joemat-Pettersson, during a meeting in Parliament on 14 October, accused Ipid of putting Parliament in an unfavourable position via its submission of the restricted report.

Read more in Daily Maverick: “Ipid’s ‘secret’ report into top cop Charl Kinnear’s killing has compromised Parliament, police committee hears”

In November 2022, it was reported Parliament was told that the police watchdog report into Kinnear’s assassination was restricted as senior officers were implicated.

At first, the widely leaked Ipid report into the assassination of Kinnear – and critical shortcomings in the SA Police Service – was not res­tricted. 

Daily Maverick and other publications ran several articles on its contents.

However, it later emerged the report had been classified “Top Secret”, meaning only those with special clearance were allowed to see it. No reasons for this were initially provided.

Read more in Daily Maverick: ‘We were lied to’ – The fiasco of ‘Top Secret’ Ipid report into the assassination of senior cop Charl Kinnear

When Nel asked Goldblatt if he was aware that his name and that of Warrant Officer Olivier were mentioned in the Ipid investigation into Kinnear’s shooting, he replied, “I knew what I was getting myself into from the start, and I gave statements to Ipid.”

The State will at a later date call Olivier, Lincoln and Vearey to testify. The matter continues on Tuesday. DM