Modack’s brother awaits psychiatric report while facing tax related charges

Cape Town - The brother of alleged underworld figure Nafiz Modack is awaiting a report from Valkenberg Psychiatric Hospital while facing tax related charges involving millions of rands.

Faried van der Schyff’s bail application also continued at the Cape Town Magistrate’s Court.

He is the co-accused of Nafiz Modack, Ruwaida Modack, Yaseen Modack, Bashier Syce, Nadia Sailt, Dominique McLachlan, Kulsum van der Schyff and Layla Bedderson.

Together they face charges of racketeering, money laundering, fraud, forgery and uttering and contraventions of the Value Added Tax.

Eric Ntabazalila of the National Prosecuting Authority confirmed that Yaseen’s psychiatric report was still outstanding after he was admitted to Valkenberg Psychiatric Hospital last month.

“The case against Yaseen Modack was postponed until 10 March as the state is still awaiting his report from Valkenberg Psychiatric Hospital,” he said.

He added Van der Schyff’s bail application was postponed to February 17.

“The bail application of State vs Faried van der Schyff continued today at Cape Town Magistrate’s Court. He is charged with Nafiz Modack, Ruwaida Modack, Yaseen Modack Bashier Syce, Nadia Sait, Dominique McLachlan, Kulsum van der Schyff and Layla Bedderson. They are charged with racketeering, money laundering, fraud, forgery and uttering and contraventions of the Value Added Tax. The case against the four others has been postponed to October 2022.”

The State is set to prove that the group had registered as VAT vendors and were e-filing claims for refunds which could not be determined.

The Hawks said their case was based on the amount of R46 million, which was believed to have been paid out to the group.

The Hawks together with the State is set to prove that several corporate entities registered as VAT vendors were e-filing claims for refunds which could not be substantiated.

They said the scheme entailed submission of false information through the SA Revenue Service’s (Sars) e-filing system and that these entities existed in name only. Others were operational but not sufficiently to justify the magnitude of the VAT refund claimed.

Last month, Modack and two of his co-accused, Jacques Cronje and Anti-Gang Unit (AGU) officer Sergeant Ashley Tabisher, were denied bail at the Blue Downs Magistrate’s Court.

Modack, Ricardo Morgan and Zane Killian are facing murder charges for the killing of AGU commander Lieutenant-Colonel Charl Kinnear, who was assassinated outside his home in Bishop Lavis in September 2020.

Kinnear’s security had been removed prior to this and is part of an investigation.

The State is set to prove that via an enterprise Modack and his alleged associates conspired to kill Kinnear in 2019.

In November 2019, Kinnear's wife and two sons including himself and another individual escaped death during a failed hand grenade attack at their home in Bishop Lavis.

The State alleges Modack is the manager of an underworld enterprise and had a criminal relationship with his co-accused in a plot to kill Kinnear.

Tabisher is also facing corruption charges together with Modack, in that he allegedly accepted R10 000 to inform Modack when his home was being raided.

In November 2021, Tabisher’s bail of R5 000 was granted by Judge President Yahya Hlophe only to be rescinded on the same day in the Western Cape High Court.

The NPA had questioned the release and Hlophe agreed with the State and rescinded the order.

The NPA indicated that the State had a strong case against Modack and that they agreed he could possibly intimidate witnesses upon his release while Cronje could also be dangerous for witnesses and Tabisher was a desperate man to be freed.

The case was postponed to February 28 for more accused to be added to the docket and a date for trial at the Cape High Court.

Weekend Argus