R20m hit on alleged underworld kingpin Modack - advocate tells court

2018-01-16 18:56
Controversial businessman Nafiz Modack. (Caryn Dolley, News24)

Controversial businessman Nafiz Modack. (Caryn Dolley, News24)

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Cape Town - There is a R20m hit on suspected underworld kingpin Nafiz Modack and that is why he moved around with bodyguards, it was claimed in the Cape Town Magistrate's Court on Tuesday.

"There will be evidence at a later stage that there is a R20m hit on his head and the source of that information comes from the SAPS (SA Police Service)," Modack's advocate, Edwin Grobler, told the court.

He said this while questioning State witness Charl Kinnear, a police colonel investigating fights in clubs in Cape Town, who has been testifying in Modack's bail application.

Grobler poked apparent holes in the State's case, with Kinnear conceding that there was no direct evidence linking the accused to the complainant in the matter and allegations of intimidation, assault and extortion.

Two recordings of conversations were also produced by Grobler and played to the court.

'Recordings collapse State's case'

"If one listens, the whole foundation of the State's case falls into ashes," he said.

Modack is accused of extortion and intimidation alongside Colin Booysen – the brother of alleged Sexy Boys gang boss Jerome Booysen - Jacques Cronje, Ashley Fields, and Carl Lakay. 

They face charges relating to the nightclub security industry in that they allegedly took over security operations at clubs and restaurants, forcing owners to pay them.

Modack and Cronje are also expected to soon be charged in connection with the murder of a bouncer at the Cubana in Green Point. This incident happened on December 3.

For a detailed breakdown on what has been happening in the underworld nightclub security takeover, see News24's showcase Underworld Unmasked

Kinnear has so far been the only State witness called to testify.

The State on Tuesday finished questioning him and the defence therefore had a chance to question Kinnear for the first time.

Kinnear told Grobler he was not aware of any death threats directed at Modack.

Grobler then told him that a police officer said there was a R20m hit on his client.

He went on to put it to Kinnear that, if Mark Lifman put out a hit on someone, that person would make use of bodyguards.

News24 has previously reported on Lifman, a controversial businessman from Sea Point in Cape Town. 

About two weeks ago in court Kinnear had also testified that it was alleged that Modack wanted Lifman, as well as Jerome Booysen, murdered.

'Modack not guilty of intimidation'

"(Modack) will never ever be (convicted) of intimidation after this bail application," Grobler said.

Kinnear previously testified that Modack, Colin Booysen and other accused had extorted R90 000 from The Grand, an establishment in Granger Bay, by forcing managers there to make use of their security.

On Tuesday Grobler asked Kinnear if either Radley Dijkers, a complainant in the matter and the brand manager of The Grand, or Stuart Bailey, the operations manager of the Harbour House Group, under which The Grand falls, had ever been threatened by any of the accused.

Kinnear responded: "Nobody threatened them, but they felt threatened by the demeanour of the accused."

Recorded conversations

Grobler had then played two recordings - conversations between Modack and Dijkers - to the court.

He said the first recording was from November 7, 2017. Earlier during proceedings, it emerged that Dijkers made a statement to Kinnear six days later on November 13.

In the recording Modack is heard asking Dijkers if he or Colin Booysen had tried to threaten, intimidate or extort him in any manner.

Dijkers replies: "No, no no, that's what I told Leon yesterday." 

It was not clear who the Leon was that Dijkers referred to.

Dijkers is then heard saying to Modack that an arrangement was made and "you guys" said the costs were higher than anticipated.

Modack replies that that is "normal business".


After the recording was played, Grobler asked Kinnear if the State's version of events and what was contained in the recording were inconsistent.

Kinnear agreed that it was inconsistent.

Grobler then played the second recording - another conversation between Modack and Dijkers.

In this recording Modack is heard asking Dijkers why a woman, referred to as Susan and Sue, wanted his group to provide security.

"You guys have given her protection. You've made her feel safe," Dijkers replies.

Modack later asks Dijkers if Sue banned "Stuart" from The Grand.

Dijkers replies that he did. "And that’s my story one hundred percent," Dijker says.

Modack then says: "He's coming up with that bull**** for another security company."

After the second recording was played, Grobler asked Kinnear if it shook the foundation of the State's case.

Kinnear said Modack did not ask questions in the recordings, but made statements which Dijkers replied to.

Grobler said nowhere in Dijkers' statement did he mention the two conversations he had with Modack.

Kinnear said this was correct.

Flee SA

Earlier on Tuesday, while still testifying for the State, he said a reliable source had informed police that Modack planned to flee South Africa if released from custody.

Modack on Tuesday wore a jacket with the ANC logo on the left side of it.

Last week News24 reported exclusively that Modack was connected to President Jacob Zuma's son Duduzane.

News24 has published a photograph, apparently taken in October 2017, of the two of them sitting at a table in a hotel.

The bail application is expected to continue on Wednesday.

Read more on:    nafiz modack  |  cape town  |  crime

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