Cape Town - A convicted killer who was sentenced to 55 years imprisonment has told the court he murdered his victim on orders from controversial businessman, and alleged underworld kingpin, Nafiz Modack.
Abongile Nqodi, 35, was sentenced in the Khayelitsha Priority Court last week 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 was investigating Modack at the time.
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.
Spokesperson for the National Prosecuting Authority (NPA), Eric Ntabazalila said the court sentenced Nqodi 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.
“The court ordered that sentences imposed for participating in the activities of a gang, conspiracy to commit murder, illegal possession of a firearm and illegal possession of ammunition, run concurrently with the sentence handed down for murder.
“The court further ordered that 12 years of the sentence for murder, run concurrently with the sentence he is serving for a case he was convicted for, at the Cape Town Regional Court. “He is currently serving 15 years imprisonment in that case,” Ntabazalila said.
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.
In his plea and sentencing agreement, he confessed that together with three accomplices, Riyaat Gesant, Fagmeed Kelly and Mario Petersen, he drove to an address in Melkbosstrand to kill the Hawks detective on July 9, 2019.
The court heard that upon arrival at the address they noticed a white man reversing a bakkie out of the yard, Nqodi and Gesant, who was a backup shooter,went up to the vehicle and he shot the driver twice in the head.
The victim turned out to be the intended target’s father.
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 with 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.
He further claimed Modack would give instructions to another gang member if he needed something done.
Nqodi confessed to murdering his victim on instructions he received from Modack and Moegamat Toufeeq Brown, the leader of the Terrible West Siders.
He also pinpointed Modack as the funder for the murder.
During argument for aggravation of sentence, prosecutor Advocate Adenaan Gelderblom argued that the murder was premeditated, and aimed at the Hawks officer who was investigating Modack.
He said several law enforcement officers and members of the judiciary have become targets of criminal attacks for doing their legal duties.
“He [Nqodi] has agreed to confess against other gang members involved in the murder of Nicolaas Paulus Heerschap. He will also testify as a state witness, in the case of the murder of a tow truck driver, the attempted murder of Andre Naude and the conspiracy to kill Cape Town lawyer, William Booth, to which crimes he has already confessed and did pointing outs related thereto.
“The State takes cognisance that its case would have been faced with challenges without the voluntary cooperation of the accused,” he submitted to the court.
Modack who is currently in prison for over a year is reportedly due to go on trial soon to face an array of charges including that of the murder of top cop Colonel Charl Kinnear.
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