Siphiwe Dlamini
Alleged underworld figure Nafiz Modack has appealed to the Western Cape High Court for a fair judicial process as he prepares to file for bail. Modack, alongside his co-accused, faced the court again this week as part of a substantial trial concerning the criminal underworld, where they are accused of over 100 criminal charges. These charges span murder, attempted murder, money laundering, and racketeering, along with violations under the Prevention of Organised Crime Act (POCA).
The accused are also implicated in planning the murder of the late Anti-Gang Unit detective, Lieutenant-Colonel Charl Kinnear.
In a communication directed to Judge Robert Henney, Modack articulated concerns about his rights to a fair trial being compromised due to purported issues accessing the case docket.
“I have together with various legal representatives, requested on numerous occasions that I be afforded the opportunity to have insight into the whole docket. I confirm that to date hereof that I did not have insight in the docket. I was given Legal Aid representation and the Legal Aid representative had very little time to prepare and at no stage was he in a position to properly consult with me taking into account the totality of all the evidence. Notwithstanding and without taking into regard the complexity of the matter and the volume of documents to read and consult, I was compelled to proceed with the trial in the matter and I confirm my constant inability to prepare and to provide proper instructions to my lawyer.”
Modack also noted that his interactions with Advocate Bash Sibda have been brief and frequently interrupted by prison staff and police officers. Despite being hindered from accessing essential paperwork and digital evidence, he was forced to continue with the trial and make legal admissions under these constrained circumstances.
Urgent Bail Application
In a decisive move, Modack has announced his intention to pursue an urgent bail application. He expressed his hopes to the court for assistance in facilitating this application to address and rectify the alleged breach of his rights to a fair trial.
“I wish to inform you that I want to bring an urgent bail application and you are requested to assist in affording me the opportunity to do so in order to prevent a further violation of my constitutional right to a fair trial.”
The unfolding legal proceedings underscore a critical examination of justice and fairness in high-stakes criminal trials, particularly in cases involving alleged major criminal figures and complex legal documents. As Modack’s request for bail is considered, the integrity of legal rights and the adequacy of legal representation remain pivotal to the broader discourse on justice administration in South Africa.
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