Cape Town security boss Nafiz Modack has succeeded in having his bail conditions amended to allow him to visit most restaurants and nightclubs in Cape Town.
Modack and his co-accused Colin Booysen, Ashley Fields and Jacques Cronje are on trial in the Cape Town Regional Court on charges of extortion and money laundering. They have pleaded not guilty.
Modack faces additional charges of defeating the ends of justice and the interception of communication. The trial is set to resume in April next year.
Modack and his co-accused were arrested in November 2017 and were granted bail in February this year. As part of the initial bail conditions, Modack was prohibited from entering any restaurant or nightclub in the central business district of Cape Town, Camps Bay, and any other nearby suburb.
It is alleged that Modack is heading a group that has been extorting business owners in the city by forcibly taking over security and coercing them to pay them a monthly fee. It is believed this has sparked a standoff between Modack’s crew and a more established security grouping under Sea Point businessman Mark Lifman and his associate André Naude.
In an affidavit signed by Modack on December 4, 2018, he asks that his bail conditions be amended so that he can visit restaurants with his business colleagues.
He describes some of the initial charges against him as "spurious" and part of a stratagem to keep him behind bars.
"I humbly submit that my conduct and restraint have proved that I am not the troublemaking, consequence-avoiding, criminally-inclined flight risk that the investigating officer described during his biased testimony in the bail application. The charges against me are presently not nearly as serious as those laid against me before and during the bail application. No person or institution would suffer prejudice if I were to be allowed to resume visiting restaurants and clubs in the areas referred to in my bail conditions.
"Indeed, I would suffer further prejudice if the condition is not deleted. I am a businessman and like all Cape Town businessmen need to spend time in the central business district. I am consulted by people in the entertainment and food industries and I am losing touch with my market as a consequence of that particular bail condition being in place.
'Conditions are particularly onerous for young people'
"I have already lost impetus in my business affairs and want to get back to the situation in which I was before my arrest. I cannot do so whilst the present conditions are in situ. I cannot even take a colleague for a meal in a city restaurant, something which plays a big and important role in business relationships.”
Modack also pleaded with the court, saying he wanted to take his wife to restaurants and nightclubs, as the festive season was beginning.
"I am young, as is my wife. The present conditions prevent me from even enjoying a meal with her in a restaurant in town. We cannot spend an evening at a nightclub in town together. The conditions are particularly onerous for young people. The holiday period is just starting."
A draft order has been agreed upon by Modack’s legal team and the prosecution in the matter. It is expected to be made an order of court in the next day or two.
Read more: Co-accused in Modack extortion case murdered
According to the order, Modack is restricted from going anywhere near around 30 establishments in Cape Town. These are businesses directly linked to the ongoing trial.
"The accused shall neither enter nor be present at nor come within 50 [metres] of the entrance of the premises of the restaurants/places of entertainment set out hereunder…" it reads.
These include multiple branches of Harbour House, La Parada, Tiger’s Milk, Easy Tiger, Lucky Fish and Live Bait.
Also off limits for him are Sirocco Kalk Bay, Grand Africa Granger Bay, Charango on Bree, Sevruga and Primi Piatti at the V&A Waterfront.