Nafiz Modack's repeated delays in his court case have led to the related accusation, where the judge should order an end to his defense due to unjustified and prejudicial delays, said the State. The State invoked article 342A(3)(d) of the Criminal Procedure Act, stating that the case should be deemed closed when delays are unjustified and prejudicial to the administration of justice. The State resorted to this extraordinary application after multiple delays and postponements in the trial of Modack and his co-accused, in January 2024.
Prosecutors say that the continuous delays in the trial of Nafiz Modack , alleged underworld figure and accused murderer, are derailing his case and that the judge should end his defense, considering his repeated postponements for witnesses who never appear.
On May 18, 2026, Modack and 14 other accused appeared before Judge Robert Henney in the Western Cape Division of the High Court, where arguments were heard regarding Modack's latest postponement application and closing his defense due to pervasive delays. The State invoked article 342A(3)(d) of the Criminal Procedure Act to deny Modack's application and close his defense. The provision applies when delays caused by Modack amount to exceptional circumstances, justifying the closure.
For the case against Modack and his co-accused, there are 124 charges, including the assassination of Anti-Gang Unit (AGU) detective Charl Kinnear, money laundering, corruption, and a racketeering charge
Nafiz Modack Underworld Figure Accusations Criminal Interview Prosecutors Commencement AGU Money Laundering Corruption Racketeering Unjustified Delays Deadlines Article 342A Criminal Procedure Act
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