In the latest twist to the ongoing trial involving alleged underworld kingpin Nafiz Modack, proceedings have faced another delay. Modack, a key figure in the case related to the murder of Anti-Gang Unit detective Lieutenant-Colonel Charl Kinnear, has refused the Legal Aid Board's appointed lawyer, further complicating the legal process.

The trial, set to involve Modack and several co-accused in facing over 3,000 charges, including serious allegations like a grenade attack on Kinnear's home, cellphone tracking, and various other charges, has been subject to numerous delays. Modack, seeking specific legal representation, lodged an appeal against the decision of Legal Aid.


Initially successful in his application for Legal Aid, Modack later insisted on being represented by his current defence attorney, Schalk van der Merwe, and former counsel, Dirk Uys, with Legal Aid covering the associated costs. The court was informed that both Van der Merwe and Uys were not credited in Legal Aid's database, raising concerns about accused individuals selecting their representatives.

Legal Aid's Russell Cloete conveyed these challenges to the court, emphasising the potential difficulties if each accused were allowed to choose their own legal representation. Modack's appeal against Legal Aid's decision could lead to further appeals at both provincial and national levels, prolonging the trial.


The state expressed its dissatisfaction, viewing the developments as attempts to delay proceedings. Witnesses have been subpoenaed, indicating the state's readiness to commence the trial. Co-accused Zane Kilian sought legal aid, but certain representatives were either unavailable or unwilling to accept the case.

As the legal process unfolds, the insistence on specific legal representation raises questions about the fairness of legal aid distribution and its impact on trial timelines. Maintaining transparency and addressing delays will be essential for upholding the trial's integrity and ensuring justice is served.

Opinion: The repeated delays and legal manoeuvres in Modack's trial are concerning. Swift and transparent legal proceedings are crucial for upholding justice. The apparent attempts to influence legal representation should be scrutinised to ensure a fair and impartial trial.

Source: Daily Voice