The legal woes for alleged underworld dik ding Nafiz Modack have deepened after his legal team quit just as his R46 million tax fraud case nears trial.
This was revealed in the Cape Town Magistrate’s Court on Monday.
Modack, along with his mother Ruwaida and brother Yaseen, appeared in the dock with former Sars employee Faried van der Schyff as well as Bashier Syce, Nadia Sait, Dominique McLachlan, Kulsum van der Schyff and Layla Bedderson.
The group have been charged with racketeering, fraud, money laundering, forgery and uttering and contraventions of the Value Added Tax (VAT) Act.
They allegedly registered as VAT vendors and e-filed claims for refunds which could not be determined.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said State advocate Bronwen Hendry-Sidaki was ready to serve indictments and have the case transferred to the Western Cape High Court, but had been told there were financial challenges.
Ntabazalila said the lawyer for Faried and Kulsum withdrew from the case due to “financial instructions”.
He added that advocates Dirk Uys and Irfan Parker surprised Modack when they told the court there were travelling challenges between Cape Town and Helderstroom Prison where Modack was being held.
“I can’t do justice for him. We can’t do it. Will you please allow us to withdraw? We have no option,” Uys said.
The lawyers further indicated that there were difficulties with geld but Modack said he would consult another lawyer, adding: “Financials are not a problem.”
Lawyers for Syce, Smit and McLachlan also asked for a postponement to consult regarding their financial instructions.
Bedderson had made an application for legal aid but failed the means test.
“She is appealing that decision,” said Ntabazilila.
The case was postponed to October 17.
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