Sentencing of Modack for corruption reveals scope of his grip on police, says Kinnear’s widow

Nicolette Kinnear, the widow of murdered Anti-Gang Unit (AGU) detective Lieutenant-Colonel Charl Kinnear, said the sentencing of alleged underworld kingpin Nafiz Modack had exposed the extent of his grip on the SA Police Service (SAPS).

She spoke on Sunday, two days after the Cape Town Regional Court sentenced Modack to 10 years’ imprisonment for corruption, with three years suspended for five years.

Modack was convicted on 6 June for his corrupt dealings with former SAPS Brigadier Kolindhren Govender, which occurred in 2011. The central point of this corrupt relationship was that Govender instructed police officers under his command to recover missing vehicles belonging to Modack.

On 2 December 2019, Govender pleaded guilty to 51 counts of corruption and one count of contravening the South African Police Service Act.

The Hawks’ Western Cape spokesperson, Lieutenant Colonel Siyabulela Vukubi, said a probe by the Hawks revealed that Modack had paid Govender R146,000 in exchange for special treatment.

On Sunday, Vukubi said: “The sentencing is a massive win because it finally connects the last dot, showing just how deep his corruption with SAPS ran and the grip he had inside the system. Yes, we are happy with the sentence; it’s a start.

“Many people say he should have received longer, and I agree. But the fact that he was sentenced at all exposes the depth of his operations and just how corrupt he truly was.”

Background

Modack and debt collector Zane Kilian are the two main accused in the murder of Kinnear on 18 September 2020. They are also on trial for the attempted murder of lawyer William Booth on 9 April 2020.

In that case, Modack, Kilian and 13 co-accused collectively face 124 charges, including murder, attempted murder, corruption, gangsterism, extortion, the illegal interception of communications, money laundering and contravention of the Prevention of Organised Crime Act.

Modack and his co-accused pleaded not guilty to the charges in January 2024. In March 2024, a State witness, who can be referred to only as “Mr A” to protect his identity, said Modack was the person who ordered a hit on Nicolaas Heerschap, the father of Hawks officer Nico Heerschap.

In January, Western Cape High Court Judge Robert Henney dismissed several charges against Modack and his co-accused, but not the principal charges of murder and attempted murder. The matter will resume on 6 October in the Western Cape High Court

Kinnear’s warnings

Nicolette Kinnear said the sentencing of Modack vindicated the warnings her husband had raised about police corruption since 2019 — warnings that too often fell on deaf ears.

In a 59-page affidavit compiled in 2019, Kinnear wrote that Cape Town’s criminal underworld was controlled by a handful of individuals and could best be described as an octopus — with the head representing organised crime and the tentacles being corrupt politicians, police officers, a provincial commissioner and Crime Intelligence officials.

This network, he wrote, also involved correctional services officers and businessmen enriching themselves through Ponzi schemes, human trafficking and drug trafficking. The affidavit was submitted to the then Crime Intelligence national head, Lieutenant General Peter Jacobs, the Independent Police Investigative Directorate and senior provincial and divisional commissioners.

Read more: In 2019, Kinnear submitted detailed complaint to police bosses – only to be met with inertia and reluctance to prosecute

“It’s not about how many years were handed down, but the fact that [Modack] was found guilty,” said Nicolette Kinnear.

“Modack implicated my husband and former Major General [Jeremy] Vearey, claiming he made a bribe payment to them. Modack even stated that he would call Captain Alfred Barker as his witness, a high-ranking official in Crime Intelligence.”

Read more: Nafiz Modack allegedly tried to bribe top cops in his own ‘undercover operation’, court hears

Another police officer accused of having a corrupt relationship with Modack is former AGU Sergeant Ashley Tabisher. The State alleges Modack paid him R10,000 in exchange for information about AGU investigations against him (Modack).

During the Kinnear murder trial, one witness, Calvin Rafadi, testified that he carried out pinging (tracking the location of a cellphone) for Modack. His name was mentioned by Lieutenant General Nhlanhla Mkhwanazi at a hearing of the Madlanga Commission of Inquiry.

Mkhwanazi has accused Rafadi of being in cahoots with the criminal underworld, which Rafadi denies.

The Madlanga Commission of Inquiry is investigating accusations of collusion, political interference and corruption in the criminal justice system, including the SAPS.

Read more: Charl Kinnear’s murder may yet haunt police as Madlanga Commission lifts lid on collusion

Nicolette Kinnear said: “This Section 204 witness testified in the Western Cape High Court that he did pinging for Modack, and evidence from Hawks Captain Edward du Plessis showed he was paid through Empire Investment Cars.

“The lines between the commission and the Kinnear murder trial are going to cross. It just shows that, slowly but surely, the calibre of connections is being exposed — how deep this ran. The very same people Mkhwanazi mentioned are the ones Modack admitted in court that he paid to ping Charl.” DM