Gang leader charged alongside Nafiz Modack over attempted murder of lawyer William Booth

Nafiz Modack and his associates allegedly conspired to assassinate Anti-Gang Unit Lieutenant Charl Kinnear and carried out the failed attempt on the life of criminal lawyer William Booth. The State is finalising the charges set out in the indictment and before the matter goes to trial in the Western Cape high court.

In the latest development in the ‘Kinnear dossier’, which includes his assassination on 18 September 2020, the attempt on the life of Booth on 9 April 2020; contravention of the Prevention of Organised Crime Act (Poca); racketeering; money laundering; fraud; corruption; kidnapping and contravention of the Electronic Communications Act, a member of the Terrible West Siders (TWS) — gang leader Moegamat Toufeeq Brown (alias “Bubbles”) (35) has been arrested and added as the third suspect in the charge on the attempt of Booth.

Brown’s arrest comes after the TWS gang members Kauthar Brown — wife of Moegamat, Ebrahim Deare and Riyaad Gesant admitted they received instructions from prison and the gang leader to take out Booth. These revelations were contained in the plea and sentencing agreement of the TWS trio at the Cape Town Magistrates’ Court on Friday, 23 March 2022.

Currently, the charge relating to the attempt on Booth in the present draft indictment reads that former rugby player Zane Kilian and Modack conspired in April 2020 to murder Booth. However, with the arrest of Brown, the State will now have to amend the charge of attempted murder of Booth and conspiracy to commit murder in the draft indictment and will aver that Modack, Kilian and Brown were complicit in the assassination attempt.

Brown was arrested on Thursday, 2 June 2022, and briefly appeared in the Cape Town Magistrates’ Court on charges of racketeering, gang-related charges emanating from the Poca, conspiracy to commit murder, attempted murder and the illegal possession of a firearm and ammunition.

It is the State's contention that Brown acted as the middle man in the planning and orchestrating of the attempted assassination of defence attorney Booth on 9 April 2020.

The charges of conspiracy to commit murder and attempted murder against Brown in the charge sheet reads: “From around September 2019 to 9 April 2020 and at or near 39 Argyle Street, Woodstock, the accused wrongfully, unlawfully and intentionally conspired to unlawfully and intentionally murder Booth a male person.”

State prosecutor Advocate Blaine Lazarus also told the court that more arrests in the matter involving the Kinnear and Booth cases will be made within the month.

The State still needs to charge Modack for his alleged involvement in the murder of Nicolaas Heerschap (74), the father of ex-Hawks Warrant Officer Nico Heerschap in Melkbosstrand in July 2019.

Hitman Abongile Nqodi implicated Modack in his plea and sentence agreement that was read into the record on Friday, 8 April 2022. 

Another plea and sentence agreement that the State also secured was that of confessed hand grenade thrower Fareez “Mamokkie” Smith — entered into with the State in April 2022. The hand grenade incident happened on 23 November 2019 and is part of five attempts on the life of Kinnear.

Mamokie has admitted he was instructed to throw the grenade against a wall to ensure that the pin came out to enable it to detonate. The accused said he was offered R3,000 to carry out the attack.

The motive for the murder of Kinnear and attempt on the life of Booth contained in affidavits by the Hawks, which are part of court records, purports that Modack allegedly wanted to eliminate Kinnear and Booth because the two were delving into matters against him.

It is the State’s contention that the murder of Kinnear was in retaliation for the arrest of Modack’s wife, Riana, and the investigations conducted by Kinnear against Modack. His wife was arrested in October 2019 in a gun license probe by Kinnear.

The State’s case on the attack on Booth is based on the averment that Jacques Cronje, an associate of Modack and a co-accused in the ‘Kinnear dossier’ was involved in the alleged extortion of Sameer Vallie in March 2020.

Hawks Western Cape Head Major-General Mathipa Makgato has lauded the sterling work by the investigating team and encouraged them to synergise with the prosecution in order to successfully bring the perpetrators to book.

Brown is due back in the Cape Town Magistrates’ Court on Monday 6 June 2022. At that juncture, the State will add another suspect to the ‘Kinnear dossier’. DM