Nafiz Modack's bail application postponed

FILE PHOTO: Nafiz Modack, Colin Booysen, Ashley Fields (obscured), Jacques Cronje and Carl Lakay in the dock at Cape Town Magistrate's Court.
FILE PHOTO: Nafiz Modack, Colin Booysen, Ashley Fields (obscured), Jacques Cronje and Carl Lakay in the dock at Cape Town Magistrate's Court.
Image: Anthony Molyneaux

A bail application by alleged extortion syndicate boss Nafiz Modack was on Thursday postponed amid confusion on who among state officials was supposed to handle the matter.

Modack and Jacques Cronje appeared in the Alexandra Magistrate’s Court on Thursday on charges of intimidation and extortion related to The Grand strip club in Rivonia‚ Johannesburg.

Their bail application could not continue as scheduled on Thursday because the matter is supposed to be done by a state advocate from the director of the public prosecution's office.

Prosecutor Hetani Makhuvela told the court that he received strict instructions from the senior public prosecutor (SPP) to not do the bail application as someone from the DPP' s office would be handling it.

Defence lawyer Johannes Eksteen‚ who represents Modack and Rooshdeen Rudolph‚ objected to the postponement. "This is totally unacceptable. The bail application was set down for today on Tuesday. We've been in contact with the DPP's office and they are not aware that a prosecutor from that office has to come and do the bail application here‚" Eksteen said on Thursday.

"This is a clear prejudice on the accused. A bail hearing is urgent. The state knew about this case since January 22nd. The investigating officer had more than enough time to get the state 's house in order‚" Rudolph argued.

After the matter was stood down for the state to ascertain what was happening and whether someone from the DPP's office would be coming to court to do the bail application‚ Makhuvela told the court that he had contacted the SPP and reiterated that he should not do the application.

"I am junior to handle the matter and I am acting on instructions. If I don't follow my senior's instructions‚ I will be charged with insubordination‚" Makhuvela said.

The court ruled that the bail application be postponed to Monday for a prosecutor from the SPP's office to do it.

Modack and Cronje appeared calm as they stood in the dock. They occasionally turned around to look at the gallery. They were escorted back to the police cells by heavily armed members of the Tactical Response Team (TRT).

The pair‚ along with others‚ are already facing nine charges in Cape Town for allegedly extorting the Grand Cafe in Green Point and intimidating the complainants.

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