Nafiz Modack has asked to be moved to jail after it was revealed that he had fallen ill at the secret location he was being held at, pending his bail hearing.
It had been reported that the alleged underworld kingpin had been sent to Pollsmoor Prison over the weekend, but his lawyers revealed that he is being kept in an undisclosed location where he is “forced to sleep on a cold concrete floor and no provision has been made for halaal food”.
Modack returned to the Bishop Lavis Magistrates’ Court yesterday, along with Anti-Gang Unit officer Sergeant Ashley Tabisher on corruption charges.
Modack also faces separate charges of attempted murder, relating to the failed grenade attack on the home of slain cop Charl Kinnear.
During proceedings, the state prosecutor called for the matter to be postponed to Friday, when all the cases against Modack would be consolidated and the bail hearing will be heard at the Blue Downs Magistrates’ Court.
Defence lawyer Dirk Uys told the court they agreed to the postponement, but had some concerns about the facility where Modack is being held.
“I understand it is for his safety. He is not being kept at Pollsmoor or Goodwood or any of the other prisons and this has caused problems.
“Where he is being kept, he is required to sleep on a concrete surface and it is causing difficulties with his kidneys.”
He said the police were made aware of Modack’s medical problems and the defence also provided a doctor’s report.
“The cold has not helped his kidneys at all and I am placing it on record that arrangements be made. If he would be transferred to Pollsmoor, he would take it.”
Uys said the facility was also not serving halaal food.
“You will be aware that we are in the holiest month of the year for Muslims and there are no arrangements for halaal food and that is a major problem and I am asking that that be attended to by SAPS.”
The state prosecutor informed the court that they were not aware of the conditions Modack was being kept in and would liaise with the Department of Correctional Services about moving him to Pollsmoor.
Meanwhile, Tabisher’s lawyer, Bruce Hendricks, called for his client’s bail hearing to go ahead yesterday, saying the matter was affecting his children and his job.
However, the magistrate ruled that the matter be postponed and moved to Blue Downs where both accused will apply for bail.
Outside court, a large group of Modack’s supporters picketed with placards saying he is being treated unfairly by the justice system.
“The people are here to support Nafiz Modack and they want clarification as to why Nafiz hasn’t received bail as yet,” said Safia Mohammed Ali.
“It doesn’t make sense that you find others getting bail on the same day. The law should be equal to all.
“There are people out here that need Nafiz. Eid is coming and there are people without food in their homes.”
‘BE FAIR’: Safia Mohammed Ali shows support for Modack. Video: Monique Duval