Proceedings in the Nafiz Modack trial at the Western Cape High Court in Cape Town were delayed on 13 and 14 October 2026 because several accused arrived late after being transported from Pollsmoor Prison, court records show.
Judge Robert Henney criticised the management of Pollsmoor Remand Facility for repeated late arrivals, which caused disruption to the high-profile trial. On 13 October, nine of the 15 accused were delayed, prompting the judge to order subpoenas for the provincial correctional services commissioner and the Pollsmoor prison head to appear the following day for an inquiry.
On 14 October, four more accused arrived late. Judge Henney summoned Pollsmoor Remand Facility head Andrew Waarnar (name spelling varies between Waarnar and Waanar in sources) and ordered a report explaining the delays within two weeks.
In court and in a statement to the media, Pollsmoor management explained the delays resulted from logistical challenges, including the fact that roughly 17 awaiting-trial prisoners, among them four co-accused in the Modack trial, shared a single vehicle for transport. Morning security procedures such as medical checks, inmate verification, and gang-separation protocols also contributed to the slow process.
Andrew Waarnar acknowledged the issues and said, “If one vehicle separately can be only for the four, then, as I’ve said, my lordship, then this won’t happen again under my watch.”
Judge Henney emphasised the seriousness of the problem, stating, “You cannot be dictated by one gang, or a gang. That can also not happen under our watch,” and also criticised the correctional services for lack of oversight, adding, “I would have expected you to go and inspect and see what’s happening there.”
The delays at Pollsmoor highlight broader issues in the management and transportation of remand prisoners to court in Cape Town. Prolonged late arrivals disrupt court schedules, potentially infringing on the rights of the accused and impacting the state’s case readiness. This is particularly sensitive given the allegations against Modack and his co-accused, which remain unproven until conclusively determined in court.
The Western Cape High Court expects the formal report from Pollsmoor management within two weeks, after which further steps will be considered. The judge’s firm response signals that such delays will not be tolerated during ongoing or future proceedings.
At this stage, confirmation of the exact spelling of the Pollsmoor Remand Facility head’s surname remains unverified, and Cape Flats reporters have not independently confirmed details at the court. Cape Flats News will follow up on updates regarding the report and any changes in prisoner transport procedures affecting court time.