Magashule to challenge suspension
ALLEGED underworld figure Nafiz Modack celebrated a bleak Eid while he stood in the dock with former rugby player Zane Kilian, and car salesperson Ricardo Morgan, when they were officially charged with the murder and conspiracy to commit murder of Antigang Unit commander Charl Kinnear.
The trio had allegedly conspired to intercept the cellphones of well-known people like the City’s JP Smith, alleged gang boss Ralph Stanfield, Major-general Jeremy Vearey, Mark Lifman and others.
Outside the Blue Downs Magistrate’s Court yesterday, Modack’s supporters came bearing gifts, holding bowls of samoosas and koeksisters, hoping he would be freed to celebrate the Muslim calendar’s holy day.
Modack will be fighting one of his biggest fights when his bail application begins on Monday in the Blue Downs Regional Court, facing a list of charges which fall under Schedule 6 offences.
Modack, Kilian, Jacques Cronje, Ricardo Morgan and AGU member Ashley Tabisher were in the dock yesterday amid high police presence, which controlled access for everyone, including their families and court staff.
Modack appeared happy in spirit and managed to hug a relative, Ayesha Modack, with permission from his legal counsel.
Kilian also took the opportunity to hug his father, showcasing the tattoo on his arm with the word: “Damaged”.
It was also the first time that Modack and Kilian stood next to each other in the dock.
Kinnear’s widow Nicolette and her sons were also present inside court as were the investigating team, headed by Lieutenant-colonel Eddie Clarke.
Prosecutor Blaine Lazarus informed the court that they had consolidated all the charges into a 52-page document with a total of 63 charges.
Modack and Kilian have been listed as the main accused, one and two respectively.
There are a total of seven accused, with accused five and six – Amaal Jantjies and Janick Adonis – not present at court.
Jantjies has a bail application running at the Parow Regional Court, while Adonis is a sentenced prisoner and an alleged member of the Junky Funky Kids gang.
Jantjies and Adonis are accused by the State of having conspired to kill Kinnear by arranging hit men for a hand grenade attack on him and his family in November 2019.
Kinnear was assassinated outside his home in Bishop Lavis in September last year.
It is the State’s case that Modack and Kilian acted together as an enterprise between October 2019 and September last year, through a pattern of racketeering with activities related to the following charges:
● Conspiracy to commit murder; ● Attempted murder;
● Interception of data from cellphones in contravention of the Electronics and Transactions Act;
● Corruption of police officers;
● Conspiracy to possess a firearm and ammunition;
● Conspiracy to acquire explosives; ● Kidnapping;
● Extortion;
● Malicious damage to property; ● Money laundering; and
● Murder
These charges relate to the murders and attempted murder and conspiracy to commit murder of Kinnear, advocate William Booth and Kinnear’s family and police officials, and money-laundering transactions between businessmen.
Two weeks ago, the Directorate for Public Prosecutions retracted a statement where they indicated that Modack was charged with the conspiracy to commit murder of Kinnear, but they soon changed it.
According to the hefty document, between counts 35 and 37 Modack and Kilian are charged with the murder and conspiracy to commit murder of Kinnear.
The Hawks released a statement after their court appearance yesterday, stating that Morgan was the third accused in the murder.
But this was refuted by National Prosecuting Authority spokesperson Eric Ntabazalila, who said that only Modack and Kilian were charged with the murder.
Modack’s lawyer, Dirk Uys, said he would be forced to bring an application if they were not furnished with the summary of the State’s case, to prepare his client for the bail application.
The State later agreed that they would provide the summary.
Morgan’s attorney, advocate Bruce Hendricks read out an affidavit on his behalf for bail, while the State did not oppose this.
TENSIONS are heightening in the ANC as embattled secretary-general Ace Magashule is expected to take on the top brass of the party’s national executive committee (NEC) in court over his suspension and alleged unfair treatment.
Magashule was asked by the NEC to apologise to the party for an unwarranted suspension letter against President Cyril Ramaphosa, an action the NEC has described as gross misconduct.
If Magashule fails to apologise, the NEC is set to institute disciplinary charges against him.
Magashule was suspended after a national working committee meeting last week, followed by a three-day special NEC meeting held last weekend.
Yesterday morning, Magashule approached the South Gauteng High Court and urgently filed court papers to challenge his suspension and order from the NEC to apologise.
According to the 128-page court papers, the matter will be heard on June 1 at 10am.
“The ANC step-aside rule 25.70 of the ANC constitution to be unlawful, unconstitutional, invalid and null. The suspension letter issued by ANC deputy secretary-general Jessie Duarte suspending him to be null/void, the suspension by Magashule to be valid and effective until lawfully nullified and the instruction announced by Ramaphosa and the ANC for Magashule to apologise for issuing the suspension letter to Ramaphosa to be unlawful,” stated the court papers.
“Setting aside or lifting the suspension of Magashule from his position as ANC secretary-general and any other position he held. Ordering any respondent who opposes this application to pay costs,” said the papers.
Magashule said: “The real motive behind my being purged is the desire to remove me by hook or crook from the all-powerful position of secretary-general so that the road to the election of President Cyril Ramaphosa and his faction in the next NEC is made easier. I may add that the fears that I would interfere with the democratic process are a misplaced sign of unnecessary panic.”
Political analyst Dr Ralph Mathekga said it was “quite surprising for those who expected an apology”, and would hit them hard, because not only are they not getting an apology from Magashule but this amounts to an escalation.
“If you look at Magashule’s view on this and how he has carried himself, this is quite consistent because he has always maintained that the manner in which the step-aside resolution being implemented by the NEC is to target him, and he is now even willing to test that theory outside the ANC through the court system.
“At the end of the day, we are now back to a situation where the ANC internal processes are going to be subject to the court's review, it shows that the ANC seems to be losing control of its own members,” said Mathekga.
“He (Magashule) was not cooperating from the first moment,” added political analyst Thabo Shole-mashao.
“He was somewhat rebellious to the processes of the ANC. If he wins (in court), he would have thrown the ANC into a tailspin – every single person who has been told to step aside would use this as a precedent.
“Now whichever way it goes it can never be the same for the ANC,” said Shole-mashao.