Overview
- Prosecutors, in Monday’s hearing, asked the Western Cape High Court to deem Nafiz Modack’s defence closed under a law that lets courts halt unjustified trial delays.
- Judge Robert Henney ordered written submissions from both sides and warned he will not grant further postponements, with his decision due Wednesday.
- Lead defence lawyer Bashier Sibda said he cannot proceed until he consults and verifies witnesses and alleged a Pollsmoor official blocked a court‑ordered meeting with one witness.
- State prosecutor Greg Wolmarans argued the delays are deliberate and harm co‑accused, with some co‑accused telling the court the wait is keeping them from presenting their cases and rebuilding their lives.
- Closing a defence mid‑trial is an exceptional step used to stop abuse of process, a live issue in this case against Modack and 14 others on 100‑plus charges that include the 2020 murder of Anti‑Gang Unit detective Charl Kinnear.