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Nafiz Modack and co-accused in court for conspiracy to commit murder, murder

Nafiz Modack and Ziyaad Poole face charges of conspiracy to commit murder. Photo: supplied.

Nafiz Modack and Ziyaad Poole face charges of conspiracy to commit murder. Photo: supplied.

Published Jun 9, 2022

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Cape Town: The woes never seem to end for controversial businessman and alleged underworld kingpin, Nafiz Modack, who has been slapped with two more cases.

Modack and his co-accused, Ziyaad Poole, who are charged with conspiracy to commit murder, are expected to appear in the Bellville Magistrate’s Court on Thursday.

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The pair are alleged to have conspired to murder alleged key underworld figure, Andre Naude.

National Prosecuting Authority spokesperson Eric Ntabazalila said the incident occurred in September 2019.

“Gang leader Nafiz Modack and Ziyaad Poole will appear at the Bellville Magistrate’s Court today charged with conspiracy to kill Andre Naude.

“The State alleges that the two conspired with confessed and convicted killer, Abongile Nqodi, to murder Naude between July and August 2019.

“The State further alleges that the three (Modack, Poole and Nqodi) attempted to kill Naude on 6 September 2019 near Eksteen Street in Bellville, by shooting at his residence, possession of a firearm with serial number or identifying mark changed or altered and illegal possession of ammunition,” Ntabazalila said.

The duo are further expected to appear in the Bluedowns Magistrate’s Court on Thursday on a charge of murder.

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“Nafiz Modack and Poole will appear at Bluedowns Magistrate’s Court for the murder of Richard Joseph.

“Joseph was fatally shot seven times on September 20, 2019 at CF Towing Services in Bellville.

“The State alleges that the murder was planned and committed by a syndicate acting in the execution of furtherance of a common purpose,” Ntabazalila said.

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On Wednesday, the duo also made an appearance in the Atlantis Magistrate’s Court where they were charged for the murder of Nicholaas Heerschap, 74, who was shot during a hit meant for his son, outside their home in Melkbosstrand in 2019.

Heerschap’s son, a former member of the Directorate for Priority Crime Investigation (Hawks), Warrant Officer Nico Heerschap, a seasoned detective attached to the Hawks’ Serious Commercial Crime Investigation team in Cape Town, was investigating Modack at the time.

They were further charged with conspiracy to commit murder, premeditated murder, illegal possession of firearms and ammunition as well as under the Prevention of Organised Crime Act 121 of 1998, linked to gang-related offences.

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The Hawks secured a conviction and sentence for 35-year-old Nqodi, after he entered into a plea and sentencing agreement with the State in April.

Nqodi was convicted on charges of participating in the activities of a gang, conspiracy to commit murder, murder, illegal possession of a firearm and illegal possession of ammunition.

He was sentenced to 25 years’ imprisonment for murder, with five years suspended; 10 years in jail for the illegal possession of a firearm; another 10 years’ imprisonment for the illegal possession of ammunition; five years for participating in gang activity and an additional five years for conspiracy to commit murder.

At the time, Nqodi told the court he was a member of the 28s prison gang and a member of the Terrible West Siders which operated in Woodstock.

The court heard they were paid R25 000 for the assassination which was split five ways.

He also told the court that he had met Modack later in Kuilsriver where he was congratulated on a job well done.

He said Modack allegedly told him not to be concerned about legal fees as it would be covered, and allegedly gave him the name of the lawyer who would be representing him.

Nqodi confessed to murdering his victim.

He also pinpointed Modack as the funder for the murder.

Modack is implicated in a six high-profile crime cases.

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