Nafiz Modack and Zane Kilian don’t blink as they share dock for the first time

Saafia Mohammed Ali operates a feeding scheme in Mitchells Plain which is supported by alleged gang boss Nafiz Modack. (Photo: Leila Dougan)

By Vincent Cruywagen

7 May 2021

Two kingpins behind the alleged plot that led to the cold-blooded assassination of Anti-Gang Unit Lieutenant-Colonel Charl Kinnear and the failed hit on criminal lawyer William Booth have come face to face in the Cape Town Magistrates’ Court.

On Friday, 7 May, murder accused Zane Kilian and Nafiz Modack shared the dock with co-accused Jacques Cronje and Ricardo Morgan. However, their brief appearance didn’t relate to either Kinnear’s murder or the attempted hit on Booth.

The purpose of the appearance was to add Kilian’s name to the charge sheet relating to extortion and kidnapping stemming from an incident on 9 March 2020 near the Crystal Towers Hotel on Rialto Road in Century City, Cape Town. The victim was businessman Sameer Vallie.

The charges of intimidation, kidnapping, extortion, money laundering and contravention of the Electronic Communication Act had already been put to Modack, Cronje and Morgan on Monday, 3 May, in the same court.

According to the charge sheet, Kilian is linked to this extortion matter in that he and Modack allegedly, from 11 March 2020, wrongfully and intentionally intercepted Vallie’s phone on three occasions.

It is the State’s contention that Kilian’s pinging played a role in the execution of the crime – the pinging in both the Kinnear and the Booth cases had indicated a pattern that enabled the perpetrators to exactly locate both men.

Alleged underworld figure Nafiz Modack briefly appeared in the Cape Town Magistrates' Court on charges of extortion and kidnapping relating to an incident on 9 March 2020 at the Crystal Towers Hotel. (Photo: Leila Dougan)

There was drama inside court 16 when prosecutor Adnaan Gelderbloem informed the court that there was an agreement between the State and the defence that the matter would be transferred to the Blue Downs Regional Court on Thursday, 20 May, to determine a date for a bail hearing.

Gelderbloem also told the court that all parties agreed to the consolidation of all cases, which include the attempted hit on Booth and the failed hand grenade attack at Kinnear’s house on 23 November 2019.

But advocate Dirk Uys, SC, representing Modack, along with advocate Edwin Grobler, for Cronje, Zaitaan Matthews for Morgan, and advocate Marius Botha, for Kilian, vehemently objected.

“My instructions are to oppose the postponement to 20 May to fix a bail hearing date. My instructions are that the bail hearing should commence on that date. The State decided to arrest my client and threw a kitchen sink at him and a whole batch of charges. With all due respect the State is depriving my client of the right to freedom,” Uys contended.

Jacques Cronje at Cape Town Magistrates' Court on 7 May 2021. He too is implicated in the murder of Lieutenant-Colonel Charl Kinnear. (Photo by Gallo Images/Brenton Geach)

Counsel for Cronje, Matthews and Kilian shared those sentiments, after which magistrate Ronel Olivier stood down the matter.

After a short adjournment the prosecution informed the court that all parties agreed that the matter would now be heard on Friday, 14 May.

On this day millions of Muslims will be celebrating Eid al-Fitr, which means Modack will celebrate the holy day behind bars.

Maverick Citizen was reliably informed at that juncture that Modack will also be added to the murder charge sheet relating to the assassination of Kinnear, in which Kilian is the only accused so far.

The definitive factor linking Modack to the murder will be the pinging, the source said, adding that investigators had determined that Mr X allegedly instructed Kilian to ping Kinnear’s phone.

The source added that more charges will be added once the investigating team has determined who of all the people Kilian allegedly pinged were killed or seriously wounded.

Meanwhile, outside court, a small group of protesters braved the chilly Cape Town weather to support Modack, who is said to have been feeding them for the past two years.

A handful of people who run feeding schemes on the Cape Flats protest on Friday 7 May 2021 outside the Cape Town Magsitrates' Court, calling for the release of alleged gang boss Nafiz Modack. (Photo: Leila Dougan)

One of his supporters, Safia Mohamed-Allie (45) from Pretoria, said: “Modack has been feeding people not just in Cape Town but also in Gauteng, Pretoria as well as KwaZulu-Natal.

“Because of Modack a lot of people went to bed with a full tummy. With Modack locked up it will affect our soup kitchens. People are going to bed hungry. Covid-19 has resulted in many people losing their jobs and if it wasn’t for Modack, trust me, these people would have had nothing.”

Yumna Williams, of Yumna’s Soup Kitchen, which feeds about 1,000 people in Eastridge, Mitchells Plain, said the scheme had to continue without Modack and that it would not be the same – there would be fewer pots without his contribution.

Safia Mohamed-Allie operates a feeding scheme in Mitchells Plain which is supported by alleged gang boss Nafiz Modack. (Photo: Leila Dougan)

Modack will be back in the Bishop Lavis Magistrates’ Court on Monday along with co-accused Anti-Gang Unit Sergeant Ashley Tabisher on a charge of corruption. Tabisher allegedly agreed to a gratuity of R10,000 and R3,500 for a cellphone to keep Modack informed about raids to be carried out at his house and about who was feeding information about him to the unit.

He is also appearing on the five counts of conspiracy to commit murder, attempted murder and conspiracy to acquire an explosive, relating to the failed attempts to kill Kinnear in November 2019.

This matter will be postponed to 14 May when Modack, along with Kilian, Cronje and Morgan, will appear in the Blue Downs Regional Court where all the matters will be consolidated and a bail hearing date determined. DM/MC

Categories:

Tags:

DM is much better if you are signed in...

South Africa