The court has ordered Nafiz Modack to close his defence in his long-running murder trial. (Photo: Gallo Images / Die Burger / Jaco Marais) In a scathing ruling on Wednesday, 20 May 2026, Western Cape Division of the High Court Judge Robert Henney invoked Section 342A(3)(d) of the Criminal Procedure Act, finding that there were sufficient facts before the court to order the closure of Nafiz Modack’s case after repeated delays and prolonged litigation that stalled proceedings for months.
The decision followed extensive submissions by both the State and Modack’s legal team on Monday, during which arguments were presented on whether the accused’s case should be formally closed in light of ongoing delays and repeated disruptions that have hindered the trial’s progression.
Henney underscored that it appeared Modack was unable to proceed with his defence for a variety of reasons.
This was tested in court on Monday, 18 May, when the judge asked Modack’s counsel, Advocate Bash Sibda, if he was able to present the court with witnesses who would produce evidence on behalf of Modack. Sibda could not confirm he had witnesses lined up and said there might be, but he didn’t yet know who they were and needed to find them.
“In my view there are enough facts and circumstances for this court to justify making such a decision. The ruling for this matter to continue the case against Modack has been closed. I deemed Modack’s case closed and there is no further evidence to be presented by him,” Henney underlined on Wednesday.
Charges against Modack
Modack and debt collector Zane Kilian are the two main accused in Anti-Gang Unit detective Charl Kinnear’s assassination on 18 September 2020. The State contends that they also conspired in a failed attempt to murder lawyer William Booth on 9 April 2020.
Kilian came into the picture when he allegedly started pinging Kinnear’s phone while on official duties in Gauteng. On the day of Kinnear’s assassination, the pinging started at about 2.30am and ended at 3.15pm, 15 minutes after Kinnear was gunned down in front of his Bishop Lavis home. The same modus operandi was allegedly used in the attempted murder of Booth.
/file/dailymaverick/wp-content/uploads/2025/01/Caryn-Ex-cops-death-threats-4.jpg "Charl Kinnear was murdered outside his home in Bishop Lavis, Cape Town. (Photo: Noor Slamdien)")
Modack is also charged with the murder of Nicolaas Heerschap (74), the father of Hawks Warrant Officer Nico Heerschap, with members of the Terrible West Siders gang allegedly carrying out a hit the court heard was ordered by Modack. At the time of his father’s murder, Heerschap was investigating a R50-million vehicle and property asset finance corruption case involving Modack.
Ruling ‘long overdue’
Nicolette Kinnear, Charl Kinnear’s widow, said outside the court on Wednesday that Henney’s ruling was “long overdue”.
Speaking to the media after proceedings, she said the repeated delays and “games that were being played” had turned the matter into “a mockery of the justice system”.
“I am very happy with Judge Henney finally deciding to act upon the law and exercising his right to close this case,” she said.
Kinnear said the family had been attending court proceedings since 2019, first in the lower courts and later in the high court. She pointed out that two of the co-accused in the case, Amaal Jantjies and Janick Adonis, allegedly linked to a 2019 hand grenade attack attempt on Kinnear, were still awaiting the opportunity to testify.
“The accused have been incarcerated for seven years,” she said.
Reflecting on the emotional toll, Kinnear said: “This year marks six years since my husband’s assassination. Zane Kilian was arrested two days after the assassination and has been sitting in custody ever since.
“It has been an emotional roller coaster for us as a family, and I can imagine for the co-accused as well.”
On Monday, 25 May, Ziyaad Poole, the alleged right-hand man of Modack and alleged member of the Terrible West Siders, is expected to take the witness stand. DM