Modack’s bookkeeper gets three-year tax fraud sentence

The Cape Town Regional Court has sentenced Faried van der Schyff, the bookkeeper of the “Modack Family Business”, to three years in prison for tax fraud, failure to register as a tax practitioner and illegal possession of a cellphone while in custody.

The case, separate from the R46-million tax fraud matter against alleged underworld figure Nafiz Modack, stems from Van der Schyff illegally operating as a tax practitioner between 2016 and 2019.

The court, which handed down its sentence on Friday, 20 June, gave Van der Schyff three years’ direct imprisonment for fraud, two years for failing to register as a tax practitioner, and two years for illegal possession of a cellphone in prison. The sentences will run concurrently.

The sentencing comes weeks after Modack was convicted for the first time on 6 June 2025, of corruption charges.

Read more: Nafiz Modack convicted of corruption — trial for multiple murders continues

NPA Western Cape spokesperson Eric Ntabazalila said Van der Schyff provided tax advice to people in Belhar, Athlone and surrounding areas, giving clients the impression that he was knowledgeable and equipped to address all their SARS-related responsibilities. He worked for SARS in the 1990s.

“The accused incorrectly dealt with the tax affairs of members of the public. This situation is like a so-called ‘attorney’ or a so-called ‘doctor’ rendering services to the public, whereas the person is not registered to render these services,” Ntabazalila explained on Monday.

The case stems from an attempt to defraud SARS when Van der Schyff declared that a taxpayer paid employee’s tax of more than R225,000, knowing that the taxpayer was not employed and had not paid any employee’s tax.

The ‘Modack Family Business’

Van der Schyff is also one of the accused, along with Modack, Modack’s mother Ruwaida, his brother Yaseen, as well as Bashier Syce, Nadia Sait, Layla Bedderson, Dominique McLachlan and Kulsum van der Schyff, in the R46-million SARS fraud and corruption case, which centres on the State’s allegations that Modack and others claimed VAT refunds that were not owed to them.

The State claims the businesses involved were registered as VAT vendors and collectively styled as “Modack Family Business”.

According to the indictment against them, Modack was the head of the family business and, with his mother Ruwaida and Van der Schyff, managed the enterprise’s activities.

Read more: Inside Nafiz Modack’s multimillion-rand VAT fraud case – a family affair with his mother and brother

Van der Schyff was previously convicted of fraud in 2020. The fraud was committed in August 2019 in Gordon’s Bay, and he was sentenced to a fine of R4,000 or 12 months’ imprisonment, wholly suspended for three years on condition that he was not convicted of fraud or a similar offence committed during the period of suspension.

Recusal application

In a new twist to Modack’s SARS case, he requested that Judge Mark Sher recuse himself from the trial.

The application centres on Sher’s ruling, dismissing his appeal against a decision to deny him bail in the Charl Kinnear murder case. 

Read more: Bail denied — underworld figure Nafiz Modack must await trial in jail, says judge

Advocate Bash Sibda, counsel for Modack, highlighted specific paragraphs from the judgment which they submitted raised legitimate concerns about Sher’s continued involvement.

The paragraphs referred to include Sher’s comments: “Modack and [co-accused Jacques] Cronje are a danger to society and need to be kept inside a correctional facility pending the outcome of their trials.

“As is further evident from my discussion of the evidence, it appears that Modack is the head of a sprawling criminal enterprise which has committed several serious offences over a number of years.”

The State is considering its position. A finding on the recusal will be delivered in July, while the SARS fraud trial is set to begin on 28 July. DM