CAPE TOWN, Western Cape — The multi-million rand tax fraud trial involving alleged underworld figure Nafiz Modack and several co-accused has faced another major setback, with the Western Cape High Court reportedly rescheduling the commencement to late May 2026.
The delay adds another chapter to the legal saga surrounding Modack, who is currently jugging two high-profile trials simultaneously—the ongoing Charl Kinnear murder trial and this R46 million SARS fraud matter.
The Reason for the Postponement
The tax trial was originally slated to begin earlier in 2025 and later moved to January 2026. However, several legal hurdles have forced a further push into the second quarter of 2026:
- Recusal of Judge Mark Sher: In July 2025, Judge Mark Sher recused himself from the tax case to ensure a fair trial, after Modack’s legal team argued that Sher’s previous rulings in Modack’s bail appeal for the Kinnear murder case could lead to a perception of bias.
- Counsel Congestion: Modack’s legal team, led by Advocate Bashier Sibda, is currently fully occupied with the “marathon” Charl Kinnear murder trial. Coordinating the availability of the same legal team for two separate High Court trials has proven technically impossible for the current court term.
- Preparation Time: Modack has repeatedly requested more time and access to electronic devices in prison to review the thousands of pages of digital evidence related to the 122 charges he faces across his various cases.
The Charges: A R46 Million Racket
Modack is appearing alongside several co-accused, including his mother, Ruwaida Modack, and his brother, Yaseen Modack.
- The Allegations: The State claims the group operated a criminal enterprise that defrauded the South African Revenue Service (SARS) of approximately R46 million through various fraudulent VAT refund claims.
- Co-Accused Jailed: One of the key players in the alleged scheme, “bogus” accountant Faried van der Schyff, was already sentenced to three years’ direct imprisonment in June 2025 for his role in related tax fraud and for the illegal possession of a cellphone while in custody.
The Kinnear Trial Overlap
The primary reason for the 2026 timeline is the “stop-start” nature of the Charl Kinnear murder trial. Just last week, on January 19, 2026, the murder trial was postponed yet again due to the illness of a defense attorney.
Because the murder trial involves over 100 charges and 15 accused, it has taken precedence in the court schedule. Judge Robert Henney, presiding over the murder case, has indicated that the court intends to finish the testimony portion of that trial before Modack transitions into the SARS matter.
What Happens Next?
Modack remains in custody at Helderstroom Prison. The SARS tax fraud trial is now provisionally on the roll for May 2026, assuming no further delays occur in the Kinnear murder proceedings. For now, the State continues its cross-examination in the murder trial, where Modack maintains his innocence, claiming he is the victim of a police conspiracy.
Source Credit: Based on reporting by The South African, Cape Argus, and Daily Maverick.
