Cape Town – Police have successfully retained possession of four firearms and ammunition which form part of a high-profile criminal investigation that could implicate a number of people, including suspected underworld figure Nafiz Modack.
This after the Western Cape High Court dismissed the application by ASP Elite Protection Services seeking to reclaim four firearms and ammunition under statutory provisions of the Criminal Procedure Act (CPA) and Firearms Control Act (FCA) which obliges the return of seized items “(i)f no criminal proceedings are instituted” or “when it is clear that it will not be of value as evidence” respectively.
In dismissing the application, acting Judge Selwyn Hockey said that the firearms, three Glock 9mm pistols and a shotgun, and 40 rounds of shotgun ammunition and 100 rounds of Glock ammunition, were “clearly of value as evidence”.
Police had argued “that there have been continuous transgressions relating to the possession and handling of the firearms”, court documents read.
“SAPS is conducting a high-profile investigation involving the firearms, that the firearms have been sent for ballistic testing and that the applicant has not approached this court with clean hands,” court documents read.
SAPS confiscated the firearms from security company ASP Elite Protection Services on May 4, following work by slain detective Charl Kinnear.
The company wanted to claim their firearms back after one of their security officers couldn’t provide valid permits for it to be in his possession, and the employee was arrested and was subsequently released on bail on May 12.
“(SAPS) dispute (ASP’s) right to the return of the firearms and contend that the operations of (ASP), in which the possession and use of the firearms are integral, are illegal ...
“As an example, the respondents allege that a firearm was handed for extended periods to a certain Nafiz Modack, whom (SAPS) allege to be a convicted criminal and suspected to be (and being investigated as) a leader of the criminal underworld,” court documents read.
SAPS averred that they required possession of the firearms to conduct a number of further investigations, including ballistic testing, which are required as evidence for the prosecution of ASP, its managing member and other persons.
“(SAPS) have shown multiple transgressions of the FCA and the regulations promulgated thereunder.
‘’Since licences were issued to (ASP), the licensed firearms were issued on multiple occasions to persons who were not registered security officers and who were not even employees of the applicant,” said Judge Hockey.
The application was dismissed with costs. Modack yesterday said he was not aware of ASP being in court.
Police and ASP did not respond to requests for comment by deadline.
Cape Times