The latest Western Cape High Court appearance by alleged gang boss Nafiz Modack and his co-accused in a Vat fraud case was adjourned to give him time to consult after his new lawyer complained that he had not been able to speak to his client while he was in prison.

News24 reports that prosecutor Bronwen Hendry-Sidaki said Modack had since June to sort out his legal representation.

According to Hendry-Sidaki, the Department of Correctional Services said Modack had been contacted by a lawyer daily. In a hybrid sitting with some counsel and one accused online, Judge Nathan Erasmus waited patiently for Modack to arrive after being informed that he was running late while being transported from Helderstroom Prison near Caledon.

Modack is usually transported in a fortified police truck under heavy guard for his court appearances. In addition, arrangements are still being made for him to get access to the hard drive containing the thousands of pages of court documents in his case so that he can instruct his potential lawyer.

While waiting, Erasmus said he would endorse any facilitation of the reading of the documents by Modack, ‘even if they have to lock him in a single cell’. 

The lawyers for the other accused appear to be trial-ready. 

Modack's previous lawyer, Dirk Uys, withdrew because of the travelling issues. However, Erasmus warned that even if the case is trial-ready, it is unlikely that the trial will begin this year due to all of the delays.

He said it should be a quick ‘paper trial’, which will involve going through accounts and determining whether anyone committed a crime, reports News24.

The earliest it could be set down for is February 2024, he said. So, when the judge heard the complaint about Modack not being able to consult his lawyer, he immediately stood the matter down for a one-and-a-half-hour consultation in the cells and instructed the duty policemen not to eavesdrop.

The accused in this case are Modack, tax practitioner Faried van der Schyff, Modack's mother Ruwaida Modack, his brother Yaseen Modack, Bashier Syce, Nadia Sait, Dominique McLachlan, Kulsum van der Schyff and Layla Bedderson.

They are accused of pulling off a R46m Vat fraud scheme involving a cottage industry.

Full New24 report

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