Controversial businessman Nafiz Modack – who in legal papers claims he will be arrested, framed, “probably injured and possibly killed” by police – has said he will appeal a Western Cape High Court ruling that his application to interdict authorities from harassing him is not urgent.
Modack told News24 he “vehemently confirms the merits” of his case, saying he had “every intention of appealing the judgment and, if necessary, approaching the Constitutional Court for relief and an enforcement of [my] rights”.
According to his founding affidavit compiled in November last year, he has “found it nearly impossible” to live in his Plattekloof home, owing to what he called continuous harassment and attempted intimidation by the respondents – Anti-Gang Unit head Major General Andre Lincoln, Western Cape head of detectives Jeremy Vearey, investigating officer Lieutenant Colonel Charl Kinnear, AGU Captain Sharon Japhta, and one Sergeant de Vries.
Modack charged that police had recently “redoubled their efforts” to “get at” him, as the State’s case currently being heard in the Cape Town Regional Court against him, Colin Booysen, Ashley Fields and Jacques Cronje was “virtually destroyed”.
The four face a string of charges, ranging from extortion to money laundering, in relation to an alleged extortion racket which targeted the nightclub and restaurant security industry in Cape Town.
TSG Security Group – for which Modack said he acted as a consultant – allegedly took over Cape Town restaurant Grand Café’s security and forced the owners to pay for the service in 2017.
According to Modack “fatal weaknesses” have been found during the trial.
The alleged underworld figure claimed he and the company had in the past been harassed by SAPS, with numerous raids being carried out, searches conducted and firearms seized.
He laid corruption charges and also reported theft incidents involving cash and valuables following police operations at his house.
He believed that the pending cases, as well as the State’s supposed floundering case against him, was the reason for the “redoubled efforts” targeting him.
Raids and searches had been executed at his home, the house from which his wife Rehana conducted her businesses, as well as the homes of his in-laws, he said.
“I have also often been warned that the policemen involved will arrest and want to assassinate me,” his papers read.
Modack in his affidavit said he had decided to bring the application following the October arrest of Rehana on a “trumped up charge” related to the licensing and possession of her firearm.
“Urgently in need of assistance”, he charged. “If the respondents are not stopped, I will be arrested, framed, possibly injured and possibly killed.”
The application was struck from the roll on Wednesday, with costs, owing to a lack of urgency.
National police commissioner General Khehla Sitole in a statement described it as an effort to restrain police from arresting, confronting and searching Modack’s premises.
“In essence, Modack was trying to stop the SAPS from doing their work,” he said.
“The [police] have a Constitutional mandate to ensure that all people in South Africa are and feel safe. Therefore, we will neither be intimidated nor deterred from delivering on this mandate.”
Modack, however, said he had given his legal team instructions to appeal the judgment.
He would petition the Supreme Court of Appeal, as well as the Constitutional Court if necessary, he added.