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Modack’s fake tax returns case involving millions continues

Alleged underworld figure Nafiz Modack. File image

Alleged underworld figure Nafiz Modack. File image

Published Jan 25, 2022

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Cape Town - The case against alleged underworld figure Nafiz Modack, who was denied bail last week while facing a string of charges, including murder, will continue in March.

Faried van der Schyff, Ruwaida Modack and Bashier Syce, Nadia Sait, Dominique McLachlan, Kulsum van der Schyff and Layla Bedderson made an appearance at the Cape Town Magistrate’s Court on Monday, while Modack and his brother, Yaseen Modack, made an appearance in absentia.

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The State is set to prove that the group had registered as VAT vendors and were e-filing claims for refunds which could not be determined.

The Hawks said at the time of the arrest that the amount of R46 million was believed to have been paid out to the group and that they faced allegations of fraud, money laundering and a pattern of racketeering according to the Prevention and Combating of Corrupt Activities Act.

The Hawks explained that several corporate entities registered as VAT vendors were e-filing claims for refunds which could not be substantiated. They said the scheme entailed submission of false information through the SA Revenue Service’s (Sars) e-filing system and that these entities existed in name only. Others were operational but not sufficiently to justify the magnitude of the VAT refund claimed, they said.

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Eric Ntabazalila of the National Prosecuting Authority (NPA) explained that of the four accused, Yaseen had been sent for medical assessment and that all the accused’s lawyers needed to gain insight into their dockets.

“Faried van der Schyff, Nafiz Modack, Ruwaida Modack, Yaseen Modack Bashier Syce, Nadia Sait, Dominique McLachlan, Kulsum van der Schyff and Layla Bedderson.

“They are charged with racketeering, money laundering, fraud, forgery and uttering and contraventions of the Value-Added Tax Act.

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“All the accused appeared in person, except accused two and four, whose cases were postponed in absentia.

“The bail application of accused one was postponed to January 27.

“The case of accused five and six was postponed to February 9 for them to appoint new attorneys.

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“The case of accused four was also postponed to October 9.

“He is currently admitted at Valkenberg Psychiatric Hospital.

“The matter was then postponed until 17 March on respect of all the accused in order to give their attorneys an opportunity to study the docket contents.”

Last week, Modack and two of his co-accused, Jacques Cronje and Ant-Gang Unit (AGU) officer Sergeant Ashley Tabisher, were denied bail at the Blue Downs Magistrate’s Court.

Modack, Ricardo Morgan and Zane Killian are facing murder charges for the killing of AGU commander Lieutenant-Colonel Charl Kinnear, who was assassinated outside his home in Bishop Lavis in September 2020.

Kinnear’s security had been removed prior to this and is part of an investigation.

The State is set to prove that via an enterprise Modack and his alleged associates conspired to kill Kinnear in 2019.

In November 2019, Kinnear's wife and two sons including himself and another individual escaped death during a failed hand grenade attack at their home in Bishop Lavis.

The State alleges that Modack is the manager of an underworld enterprise that had a relationship with Tashiber and JFK gang member Janick Adonis and his girlfriend Amaal Jantjies in the conspiracy to murder Kinnear.

Tabisher is also facing corruption charges together with Modack, in that he allegedly accepted R10 000 to inform Modack when his home was being raided.

In November 2021, Tabisher’s bail of R5 000 was granted by Judge President Yahya Hlophe only to be rescinded on the same day in the Western Cape High Court.

The NPA said at the time that they had questioned the release and that Hlophe had agreed with the State and rescinded the order.

Ntabazalila said the State had a strong case against Modack and that they agreed he could possibly intimidate witnesses upon his release and that he could face life imprisonment, while Cronje could also be dangerous for witnesses and Tabisher was a desperate man to be freed.

“If convicted, the accused will be sentenced to life imprisonment. The State’s witnesses have agreed to testify and are known to Modack. Their lives would be in danger if he is granted bail. He has the potential to cause violent threats considering the charges he is facing,” he said.

“The State further argued that the murder of Colonel Kinnear was in retaliation after he (the deceased) arrested Modack’s wife and the several investigations he conducted against Modack. He also attempted to kill Booth after the lawyer secured an interdict against Cronje.

“Modack is also charged with tax fraud in the amount of R46 million,” Ntabazalila explained after bail was denied.

‘’In opposition to Cronje’s bail application, the State argued that he tends to commit violent crimes that include intimidation, extortion and assault.

“He worked for Modack and it cannot be excluded that if released on bail he would intimidate witnesses that would testify against him and Modack. The State has a very strong case against him as well.

“The State argued that witnesses who worked with Tabisher in the SAPS Anti-Gang Unit feared for their lives once they discovered that he was corrupted by Modack. He knows their families and where they live. He knows what they will be testifying about.

“He is a desperate man who will do anything not to be prosecuted and sentenced to direct imprisonment.”

“The case was postponed to February 28 for more accused to be added on the docket and for the state to organise dates for trial at the High Court of South Africa: Western Cape Division.”

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