Friday, 26 November
Nafiz Modack’s brother Yaseen won’t be arrested for missing a court appearance related to tax fraud allegations on Monday after the magistrate accepted that he had been in hospital.
He would, however, have to return to court for her to be satisfied that he understood proceedings.
His medical records were sealed in an envelope by the magistrate, who ordered that they not be made public, or published by the media.
The specialist who attended to him did not want to tell the court what his medical condition was, to protect doctor-patient confidentiality, but a medical aid document was also submitted to substantiate his reason for not being present in court on Monday.
This comes as cases piled up for the Cape Town family.
The State had levelled a slew of allegations against several members of the family, including their mother Ruwaida, with each case covering different branches of crime.
READ | Nafiz Modack not at court due to ‘mix up’, co-accused brother also absent for health reasons
The cases include the attempted murder and murder of Anti-Gang Unit detective Charl Kinnear; a vast firearms certificate matter that also involved top police officers; a kidnapping; and extortion matter related to an investment that went wrong; and the attempted murder of well-known lawyer William Booth.
Another co-accused in the Kinnear matter is Zane Kilian, whose alleged location tracking of Kinnear and others sparked an investigation at the highest levels of the police over why he was not protected.
In this case, they face tax fraud charges, for allegedly submitting VAT claims worth millions that could not be substantiated.
Yaseen and his brother Nafiz had been absent from the Cape Town Magistrate’s Court on an eventful Monday for the State.
Yaseen, out on bail, was not there because he had been admitted to hospital for emergency treatment.
Nafiz didn’t arrive due to a “mix-up” with the complex arrangements of getting him to prison. He is usually moved in an armoured vehicle and a heavily armed escort.
Then, Nafiz’s co-accused in the case of attempted murder against Kinnear, Ashley Tabisher, came within a whisker of being released on bail in an unusual application rescinded the same day.
Yaseen had been granted bail of R50 000 at a previous appearance so magistrate Ronel Oliver ordered that he be in court on Thursday or she would use the warrant for his arrest that she was holding over.
READ | Drama as prison officials refuse to release Modack co-accused on bail despite court order
As ordered, Yaseen, who bears a strong likeness to Nafiz, waited in the corridor with his sister until Oliver had cleared the court roll.
Lawyer Gary Newmark was standing in for Yaseen’s lawyer who was in Johannesburg.
Once Yaseen’s matter had been dispensed, the part-heard bail application of Faried van der Schyff continued.
It was his second court appearance of the day.
He was arrested on 27 October with Ruwaida Modack (Yaseen and Nafiz’s mother), Bashir Syce, Yaseen, Nadia Said, Dominique McLachlan and Kalsum van Der Schyff in a swoop by the Hawks.
Nafiz was taken to the court that day to be added to the case during a lunch break in the Kinnear matter being heard in the Blue Downs Regional Court.
Another person, Layla Bedderson, was also arrested in Gauteng and brought to Cape Town for the case and appeared on Monday.
At the time of their arrests, the Hawks alleged that SARS was fleeced out of around R219 million in fraudulent applications, of which the group allegedly pocketed R46 million.
Prosecutor Bronwen Hendry-Sidaki said on Thursday that Van Der Schyff had appeared in another court earlier in the day on another matter, also for fraud, but did not provide further details.
He stood solemnly in the dock in a plaid shirt and sleeveless puffer jacket as he fielded questions, asking for permission not to answer some of them.
He told the court that his company VDS Financial Services had about 100 clients for whom they prepared financials.
A Mr Du Plooy at another company apparently signed off on them. Du Plooy had also been arrested and appeared in a Bellville court.
Van der Schyff said he had done work for Nafiz in the past, but that he was no longer a client.
His charges include submitting tax matters to SARS on behalf of clients, without being registered to do so.
His bail application will continue on 1 December.
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11 Nov 2019
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