Prosecutors say alleged underworld figure and murder accused Nafiz Modack's repeated delays are derailing his court case and that the judge should order an end to his defence, which includes repeated postponements for witnesses who never materialise.

On Monday, 18 May, alleged underworld figure and murder accused Nafiz Modack and 14 others appeared before Judge Robert Henney in the Western Cape Division of the High Court in Cape Town, where arguments were heard for the court to deny Modack's latest postponement application and close his defence due to pervasive delays.

The State invoked article 342A(3)(d) of the Criminal Procedure Act. For the provision to apply, the court must determine whether the delays caused by Modack amount to exceptional circumstances. If so, the court may order that his case be deemed closed on the basis that the delays were unjustified and prejudicial to the administration of justice.

The State resorted to the extraordinary application after multiple delays and postponements in the trial of Modack and his co-accused, who pleaded not guilty in January 2024 to the charges against them. Modack has been accused of requesting postponements for witnesses who never appear in court.

The indictment includes 124 charges, including the assassination of Anti-Gang Unit (AGU) detective Charl Kinnear, as well as money laundering, corruption and a racketeering charge involving all 15 accused. Kinnear's murder on 18 September 2020 in Bishop Lavis, outside his home, and issues surrounding...