ACs DIRECTORATE FOR PRIORITY CRIME INVESTIGATION: WESTERN CAPE MELKBOSSTRAND CAS 13/07/2019, MURDER; Ht ZS | a7 MFULENI CAS 465/09/2019, MURDER; : BELLVILLE CAS 132/09/2019, ATTEMPTED MURDER BISHOP LAVIS CAS 564/11/2019, ATTEMPTED MURDER-AND THE POSSESS] EXPLOSIVE DEVICE CAPE TOWN CENTRAL CAS 108/04/2020, ATTEMPTED MURDER sae RS AFFIDAVIT: DICAPTAIN PJ JOUBERT WITH REGARDS TO OPPOSING APPLICANTS RELEASE ON BAIL |, the undersigned, Pieter Joubert states under oath in English: 1. | am in the service of the State as a Detective Captain with service number 0531721-5, in the South African Police Service, stationed at the Directorate for Priority Crime Investigation (Hawks), AJ West Street, Bellville with telephone number 021-9183596 and 082 302 7114. 2. | am the investigating officer and part of a National Task Team, established and tasked by The National Head, Directorate for Priority Crime Investigation (HAWKS) to investigate the assassination of Lieutenant Colonel Chari Kinnear, attached to the Western Cape Anti-Gang Unit, BISHOP LAVIS CAS 304/09/2020, MURDER refers, » Lieutenant Colonel Charl Kinnear was shot and killed on the 18 of September 2020 at approximately 15:00 in Gearing Street, Bishop Lavis, by an unknown assailant. Closed-circuit television recordings of the incident, indicates how a single gunman approached the deceased on foot, dressed in a red hoodie top covering his head, wearing blue/black sweatpants and a mask covering his face. As the deceased was about to pull his vehicle into his driveway, he walked up to the deceased's driver's side window and fired three (3) shots, directed at the deceased's head, fatally killing him. bert. P vk Page 1 of 55. The deceased was involved with several high-profile investigations featuring well- known underworld gang members and their associates, as well as corrupt police officials. . Nafiz Modack, several of his family members, his associates and high-ranking SAPS members formed part of his and his fellow colleagues’ investigations relating to their involvement in the following crimes: Fraud, Corruption, Contravention of The Firearms Control Act and Extortion. Modack is standing trial with twenty-four (24) other accused, including seventeen (17) SAPS members in Kempion Park and various other courts in Gauteng. All of these cases were investigated by the late Lieutenant Colonel Kinnear and these matters have been postponed until the 13th of January 2023 for further investigation. (On the 10th of May 2020, members of the Anti-Gang Unit seized several firearms from ASP Security Services, Mr Avron Shane Poggenpoel is the Director of the Company. This is the same company which the applicant referred to as being his employer in his affidavit in this matter until January 2021, when he agreed to join Tyte security. What is of pertinent importance is that Lieutenant Colonel Kinnear was one of the key investigating officers in this matter. . On Friday, the 29" of April 2021, Nafiz Modack was arrested for the murder of Lieutenant Colonel Kinnear after a high-speed chase. Modack tried to resist arrest when members of the Police’s Special Task Force attempted to effect his arrest. At the time of his arrest, Modack was the driver of a bullet-proof Toyota Hilux bakkie with the applicant as his passenger. It was later confirmed that the applicant is the cousin of Moegamat Toufeeq Brown @ “Bubbles” (accused 2 on this charge sheet), who is the leader of the Tertible West Siders gang. At the time of Modack's arrest, the applicant was found to be in possession of a 9mm pistol with ammunition, He produced a permit, issued by the “responsible Person” ftom Tyte Security Services, situated at number 15 Fitzroy Street, Goodwood. This permit was supposed to legally justify his possession of the firearm and the ammunition Page 2 of 5510. The applicant was employed by Modack and doing “security” work for him at the time of his (Modack’s) arrest. The applicant could have only been legally in possession of the said firearm, if he was legally employed by Tyte Security Services at the time, when he was found in possession of the firearm. | dispute the fact that he was legally in possession of the said firearm and ammunition, this aspect will be dealt with in detail later in my affidavit. 11. Modack was later charged with the murder of Lieutenant Colonel Kinnear, as weil as other charges as set out in the annexed draft charge sheet that will be presented to the National Director of Public Prosecutions for her consideration and authorization to proceed with a Racketeering prosecution against Modack and the members of the enterprise, that managed and participated in the activities of the enterprise. 12. The investigating team successfully apposed Modack’s release on bail in the Blue Downs Regional Court 13. Our team from The Directorate’s National Task Team, uncovered and charged Nafiz Modack and several of his associates and others, including a SAPS member on the following offences which all forms part of the Racketeering charge sheet: 13.1 Cape Town Central CAS 134/12/2017, relating to the offences of public violence, attempted murder of Mr. Soho Fohang and the murder of Mr. Pitshou Falanga, that took place on the 2™ of December 2017, at the Cubana restaurant in Green Point. 13.2 Bishop Lavis CAS 10/04/2021, relating to corruption and money laundering that occurred from the 10" to the 23% of November 2019. 13.3. Bishop Lavis CAS 564/11/2019, relating to the attempted murder, Possession of firearms and ammunition and the possession of an explosive device, relating to the failed hand-grenade attack at the residence of Kinnear on the 22° and 23" of November 2019. 13.4 Melkbosstrand CAS 13/07/2019, relating to the conspiracy to murder W/O Nico Heerschap and the murder of his father, Mr. Nicholas Heerschap on Page 3 of $5 "P jouer PV pve13.5 13.6 13.7 13.8 13.9 the 8" and 9! of July 2019, at number 32 Harold Ashwell Street, Melkbosstrand. Bellville CAS 132/09/2019, attempted murder of Mr. Andre Naude on the 6" of September 2019, who was accused 1’s opposition in the night club industry. Mfuleni CAS 465/09/2019, relating to the murder of Mr. Richard Roucair Josephs on the 20" of September 2019. Milnerton CAS 236/03/2020, relating to extortion, kidnapping, intimidation and contraventions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, Act 70 of 2002. Hereafter referred to as the “Interception Act” of Mr. Sameer Vallie, on the 10" of March 2020. Cape Town Central CAS 108/04/2020, relating to the conspiracy to commit murder, attempted murder, possession of a firearm and ammunition and contravention of the Interception Act, related to the attempted murder of Mr. William Booth. Bishop Lavis CAS 304/09/2020, relating to the murder of Lieutenant Colonel Charl Kinnear, on the 18" of September 2020 and contraventions of the Interception Act, as well as money laundering. 13.10 Bishop Lavis CAS 428/10/2020, relating to fraud where accused 7 ‘submitted fraudulent documentation to the Court during his bail application on the 9" of October 2020. 13.11 Cape Town Central CAS 512/04/2021, corruption, fraud and money laundering relating to the fraudulently changing of and backdating the ownership of Empire Investment Cars (Pty) Ltd, transferring the bank account on to the name of Moegamat Adie! Mukudam (the applicant's brother-it law) and opening an ABSA bank account that accused 1 used. The State will allege that this was done after the payment of Amaal Jantjies was discovered, as mentioned in paragraph 13.3. Page 40f 55 pl jouperts Py 9 (2.13.12 Bellville CAS 450/01/2021, relating to the intimidation of Captain E Du Plessis, a member of the National Task Team of the HAWKS, established to investigate the death of Lieutenant Colonel Charl Kinnear. 13.13 Parow CAS 490/09/2021, relating to the intimidation of Colonel E Clark, a member of the National Task Team of the HAWKS, established to investigate the death of Lieutenant Colonel Charl Kinnear. 14, Most of the above matters were postponed to the 16" of September 2022 for further investigation at the Blue Downs Regional Court, 15.1 was allocated the investigation of Melkbosstrand CAS 13/07/2019, the murder of Nicholaas Heerschap during May 2020, this was four (4) months before the attempted murder of Lieutenant Colonel Kinnear. 16. This investigation relates to the assassination of Mr. Nicholas Heerschap, the father of Warrant Officer Nico Heerschap. At the time of his father's murder, W/O Heerschap was a member of The Directorate for Priority Crime Investigation Unit's (HAWKS), Serious Commercial Crime Investigation section. This murder was committed in front of their mutual residence, where they both resided on the 9" of July 2019. W/O Heerschap resigned from the Directorate shortly after this incident. Itwas always believed that the hit was aimed at W/O Heerschap and not his father, due to him investigating Nafiz Modack at the time of the murder. 17.WIO Heerschap was investigating Nafiz Modack since 2016, he had pending criminal matters on trial against him at the stage and had to testify in the bail hearing against one of Modack's associates on the day that his father was murdered. During the time that W/O Heerschap was investigating Modack, he received several threats against his life and that of his family. W/O Heerschap maintained and believed that the threats and eventual instruction to have him killed, originated from Nafiz Modack and that his father was shot due to mistaken identity. This matter is dealt with in counts 6, 7, 8, 9 and 10. 18. What is of pertinent importance is the fact that W/O Heerschap, in similar vein to the late Lieutenant Colonel Kinnear, were both subjected to a personal and professional onslaught whilst investigating Modack. He opened civil cases against them, applied for interdicts to prevent them from investigating him and his Page S of 55 pte Fewer” Vpueassociates, launched applications against the Minister of Police and threatened to sue them in their personal and professional capacity. Most of these actions have been dismissed with costs against Modack. 19. Mr. Nicholas Heerschap was shot and killed on the 9" of July 2019, while being behind the steering wheel of a Toyota Land Cruiser, (this vehicle was usually driven by W/O Heerschap prior to the murder) at short range, while he was reversing out of their mutual residence's driveway. He was about to take his grandchild to school. Closed Circuit Television (CCTV) recordings were later downloaded from several different premises, indicating how two (2) gunmen were dropped off close to the crime scene in a black Mercedes-Benz, approaching the deceased’ vehicle on foot and killing him by shooting him in the head. Ballistic examination at the time of the murder incident revealed that the firearm used in the shooting was a .38 calibre Revolver. 20.A similar modus operandi was followed in the attempted murder of defence attorney William Booth, in Cape Town Central CAS 108/04/2020 as dealt with in counts 3, 4 and 5 in this charge sheet. The same calibre firearm was used in both cases. The suspects also approached Booth on foot after being dropped close to. the scene. Four (4) suspects were later arrested and three (3) of them later pleaded guilty in terms of a Section 105 (A) Plea and Sentence agreement as set below: 20.1.Wilfully aids and abets any criminal activity committed for the benefit of a criminal gang; 20.2,Conspiracy to commit murder; 20.3.Attempted murder; 20.4.Possession of a firearm and 20.5.Possession of ammunition. 24. The accused admitted in their Plea and Sentence Agreement that the instruction to kill Booth came from a leader of the “Terrible West Siders” gang, who was in prison at the time of the attack. All the accused were found to be members of the “Terrible West Siders” gang, or associated with the gang. Moegamat Toufiek Brown @ “Bubbles”, residing at number 39 Argyle Street, Woodstock is the leader of the "Terrible West Siders” gang. His premises is a well-known drug outlet where several arrests and drug seizures were made in the past. Moegamat Toufiek Brown @ ‘Bubbles’ is accused 2 in this charge sheet. Page 6 of 55 stan bert Py Py22.Accused 2 was arrested on the 2" of June 2022 at the Cape Town Magistrates’ Court cells, for William Booth's attempted murder, while he was in custody and appearing in Court on a firearm related matter. He was searched and photos were taken of his gang related tattoos, clothes that he was wearing and his gang apparel. He wore a “Fabiani” branded top, undereath this top he wore a long sieeve white top stating the following, "Salute ek staan vir die nommer (indicating that he is still an active gang member) and on a finger on his right hand, he wore a ring that was engraved with the letters "TWS". This is the abbreviation for the “Terrible West Siders” gang. He also had several tattoos containing the last-mentioned abbreviation. His tattoos confirmed that he is a high-ranking "26" prison gang member, a member of the “Terrible West Siders” gang and due to his rank, the leader of the gang, as confirmed by several witnesses as well as a different Section 204 witnesses. 23.As mentioned above, Kauthar Brown, Riyaad Gesant @ “Yatie" (accused 5) and Ebrahim Dear pleaded guilty in terms of Section 105(A) of the Criminal Procedure Actin the attempted murder case of Mr William Booth. 23.1. Kauthar Brown, the wife of Moegamat Toufick Brown admitted in her plea agreement that the instruction to kill Mr William Booth, came from a leader of the “Terrible West Siders” gang, who was in prison at the time and that she in tum instructed the other two (2) accused to execute the murder. | established that her husband, @ “Bubbles”, who is the leader of the “Terrible West Siders” gang, was in custody at Pollsmoor Prison at the time of the failed assassination attempt of Mr. Booth. She was sentenced to five (5) years Correctional Supervision in terms of Section 276(1)(h) of the Criminal Procedure Act, Act 51 of 1977. 23.2. Riyaad Gesant @ “Yatie’ admitted in his plea agreement that the instruction to kill Mr Booth, came from a leader of the “Terrible West Siders” gang, who was in prison at the time and that the instruction was relayed by Kauther Brown. He was sentenced to eight (8) years direct imprisonment of which three (8) years were suspended for five (6) years. 23.3. Ebrahim Deare @ “Boet-Bul” who was the shooter, also pleaded guilty in a Section 105(A) Plea Agreement on all the charges and admitted that the Page 7 of 55instruction to kill Mr Booth came from the leader of the “Terrible West Siders" gang, who was in prison at the time and that the instruction was relayed to them by Kauther Brown. He was sentenced to fifteen (15) years direct imprisonment of which five (5) years were suspended for five (5) years. 23.4. Ighshaan Magerman @ “Shaan”, a Section 204 State Witness, was the driver of the white Hyundai Creta, used in the planned murder of attorney Wiliam Booth and was used to drop Riyaad Gesant @ "Yatie” and Ebrahim Deare, close to Booth's residence in order to execute the assassination. He also confirmed the above accused's versions. 24.At the initial stage of the investigation into the Heerschap murder, information was received from different sources indicating that the “Terrible West Siders" gang could have been involved in the murder of W/O Heerschap's father in Melkbosstrand. 26. Investigation into the planned hand-grenade attack at the residence of Lieutenant Colonel Kinnear, revealed that Nafiz Modack, Amaal Jantjies and Janick Adonis were behind this attack. It was established that the payment was made to Amaal Janties from Nafiz Modack, through the Empire Investments Cars’ bank account, which account was used and controlled by Nafiz Modack. It serves to mention that the applicant's brother-in-law, Moegamat Adiel Mukadam was at a stage the director of the said company (See paragraph 13.11). The applicant also received several payments from the Empire Investment Cars’ account from the 1* of May 2019 onward. Further investigation and by his own admission, it was established that the applicant handed over a package to Amaal Jantiies on the 21% of November 2019, containing cash. SMS communication between Amaal Jantiies and Janick Adonis revealed that this envelope contained R10 000-00 in cash, that she had to use to fund the attack on Kinnear's house, that occurred on the 224 of November 2019. She was instructed by Adonis to return the cash in the event that the attack was unsuccessful. It is clear that the applicant facilitated the attack and assisted Modack, by whom he was employed, by giving the cash to Amaal Jantjies. 26. The applicant became a suspect and a warning statement was taken from him on the 22° of July 2021, relating to the attempted murder on Lieutenant Colonel Kinnear during the foiled hand-grenade incident, as well as other charges. The applicant and his wife, Mrs. Sakeenah Burns was questioned in the presence of Page 8 of 55 tal Ze Vv. &their attomey, with regards to payments received into both their bank accounts from Empire Investment Cars. The applicant was co-operative, but did not want to respond on any of the specific questions with regards to Empire Investment Cars He clearly wanted to distance himself from any payments received from the said company. | annex both warning statements as annexure PJ 1 and PJ 2. | would like to point out to the following questions and answers that are relevant. 27.Signed Warning Statement of the applicant (PJ 1): 27.1. On page 1, he indicated that he resided at number 74 Royal Road, Maitland and that he was employed as security at Tyte Security Services; 27.2. On page 12, he indicated that he worked for Tyte Security Services from May/June 2020, but was never registered on thelr books. He also indicated that Modack was a client of Tyte and that he was protecting him. This | dispute, as | elaborate on this issue in paragraph 31 to 38 below. 27.3. On page 13, he indicated that on the 21* of November 2019, a person named Andre Fabing asked him to deliver an envelope to Amaal Jantjies at the Shell garage, Canal Walk. It needs to be mentioned that Mr Fabing was an associate of Modack, who was aware of the planned attack on Kinnear and the corruption of Tabisher, a member of the Anti-Gang Unit. The State is in possession of WhatsApp messages between Amal Jantjies and Mr Fabing confirming the last-mentioned facts. (Fabing's role will be discussed later in this affidavit). 27.4. On page 15, paragraph 36, he indicated that he was never employed by Nafiz Modack. The applicant was untruthful and admitted in his affidavit, paragraph 70 that he indeed received payment from accused 1 for work that he had done for him. 27.8. On page 17, he indicated that he knew Adiel Becker through the security industry and that he knew that Becker's mother was residing at number 12 Doreen Road, Grassy Park. This was also the address supplied by the applicant in his firearm licence application. This aspect will be dealt with later in this affidavit. 27.6. On the same page, he indicated that he met Anwa Gallie through Nafiz Modack and that he met Ricardo Morgan (also charged in the murder of Kinnear), through Anwa Gallic. 27.7. On page 19 he was asked if he was paid a salary from any other companies. He declined to answer the question. He also indicated that he did not want Page 9 of 55 fe vou a27.8. 27.9. to answer whether he was employed by or did any work for Empire Investment Cars. This despite him receiving several payments from Empire Investment Cars from the 1* of May 2019 onwards. On page 20, he indicated that he stayed at number 74 Royal Road, Maitland for one to one and a half years and that his wife, Sakeenah Burns, stayed there for the past six (6) months. On page 21 paragraph 58, he was told that Adiel Becker was the owner of AY Tactical and asked why he used this company as his employment address in his private firearm licence application. The applicant disputed this and was not truthful. | have obtained a certified copy of the applicant's application for a competency certificate (SAP517), as well as licence application for his personal firearm (SAP271) from Grassy Park SAPS. His application for competency was signed on the 25" of June 2020 and he supplied his residential address as number 12 Doreen Road, Grassy Park with his employer as AY Tactical Force, number 69 Range Road, Grassy Park. His firearm licence application was signed on the 10" of February 2021 and he supplied his residential address as number 12 Doreen Road, Grassy Park with his employer as Tyte Security Services. | annex certified copies of both the competency application (SAPS 517) and firearm licence application (SAPS 271) as annexure PJ 3 and PJ 4. | will deal with the reason for this denial and untruthfulness later in this affidavit. 28.The Warning Statement of Sakeenah Burns (PJ 2): 28.1. 28.2. 28.3. On page 5, she was asked whether the applicant was ever employed at AY Tactical, she was not aware of this. On page 10, she was asked whether she knew Riyaat Gesant and answered that they previously resided in Woodstock and only greeted him when she walked past. On page 10 and 11, she indicated that she and the applicant resided at different addresses, since the end of November 2019 to 2021, due to marital problems and that he advised her that money would be coming into her Account to cover expenses and that she had to, on his request, transfer money into his account. 29. Both the applicant and his wife were supplied with printouts of the payments that were made from Empire Investment Cars into their accounts, The applicant was ‘ Page 10 of SS fan Anneetherefore in a position to address the source, reasons for these deposits and dates of these payments in his affidavit, filed in this matter. He failed to do so, instead tried to mislead this Court, as he started receiving payments from Empire Investment Cars as far back as from the 1* of May 2019. He was therefore being paid out of this account prior to the conspiracy to murder W/O Heerschap and the murder of his father, Nicholas Heerschap, on the 8" and 9" of July 2019, the conspiracy to murder and attempted murder of Mr Booth that commenced during September 2019 and executed on the 9" of April 2020, the conspiracy to murder and attempted murder of Andre Naude on the 6"" of September 2019 and the murder of Richard Joseph on the 20" of September 2019. 30.| annex a copy of the payments that the applicant received from Empire Investment Cars as annexure PJ 5 and a copy of payments that his wife received from the company as annexure PJ 6. TYTE Security inspe 31.0n the 10" of November 2021, a firearm compliance inspection was conducted with the assistance of the Provincial Firearm, Liquor and Second-Hand Goods Office (FLASH), at Tyte Security Services’ offices in Goodwood, to establish whether the applicant was indeed an employee of Tyte Security Services and legally authorised to be in possession of the firearm and ammunition as mentioned in paragraph 9 and 10. 32. This inspection was executed in the presence of a representative from the Private Security Industry Regulatory Authority (PSIRA). 33.It was established that the applicant was not legally employed by Tyte Security Services and his possession of a Tyte firearm, ammunition and the issued permit that he was in possession of on the day of Modack’s arrest, were unlawful. It was further established, that on the day of the inspection, the 10" of November 2021, that the applicant was again issued with a Tyte firearm and was unlawfully in possession thereof. | later obtained an affidavit from the office manager, Mrs Berenice Adams, who confirmed that she had no record of the applicant being ‘employed there and that he was not on their payroll, She indicated that she would have needed to confirm his Private Security Industry Regulatory Authority (PSIRA) registration with their company, should he have been employed there and this was page 1 of ip ear v.Pv.enot the case. She confirmed that they had no work contract with the applicant, that, she does not know him, that Tyte made no payments to the applicant and that if he was working for them, she would have registered him on the PSIRA system as an employee of Tyte security, which she did not do. | annex a copy of Ms Berenice ‘Adams affidavit hereto as annexure PJ 7. 34.An affidavit was also obtained from Mr Alan Presence, a Senior Inspector at the Private Security Industry Regulatory Authority (PSIRA), relating to whether the applicant was registered at PSIRA and to which employer he is linked to or worked for. According to their systems, the applicant was only linked to ASP Protection Services up to the 2" of July 2022 as an employee and his PSIRA certificate expired on the same date. He indicated that a security company must register their ‘employees on the PSIRA system within ten (10) days after he started working for the company and de-register an employee within ten (10) days, if his employment is terminated. | annex a copy of Mr Alan Presence's affidavit hereto as annexure Pus 35.On the same day, the 10 November 2021, a criminal case docket was registered and the applicant was arrested for the Illegal Possession of an Unlicensed Firearm and Ammunition, 9mm Girsan Pistol and fourteen (14) rounds of ammunition, belonging to Tyte Security Services. Sea Point CAS 129/11/2021 refers. The matter has since been postponed until the 13 of October 2022 when the applicant will appear in the Cape Town Magistrates Court. The applicant immediately informed me that he was being paid R7000-00 per month in cash, by the owner of ASP Security Services, where he used to be employed and that Nafiz Modack was their client, whom he protected. This was despite the fact that he was allegedly employed by Tyte Security Services and was issued a firearm and ammunition from a different Security company. He further alleged that his employment at ASP was simply “transferred” to Tyte Security Services, after ASP’s firearms were seized by SAPS. According to the applicant, Nafiz Modack then contracted Tyte Security for his protection. The applicant mentioned that he hated Nafiz Modack and clearly tried to distance himself from Modack. All evidence gathered at that stage contradicted this aspect and indicated that he was Modack's right-hand man. 36. During the applicant's bail application proceedings in the above-mentioned matter, he deposed an affidavit, signed and dated the 12 of November 2021. On page 3 Paragraph 14, he stated under oath that he was currently employed as a security Page 12 of 85 captain FS vierofficial with ASP Protection Services, earning R7000-00 per month. This is in contradiction with his current bail affidavit, in which he states on page 5 paragraph 18, 19 and 20 that he was employed in the Seourity industry for three (3) years before May 2021, after which he was forced to seek alternative employment. He further alleges that was self-employed in second-hand vehicles sales trade. He never mentioned that he was employed by ASP Protection Services. 37.A criminal case docket had since been registered against Mr. Roger Gladdin, the “responsible person” with regards to all firearms in the armoury of Tyte Security Services and he was arrested and charged by members of FLASH, for supplying a firearm and ammunition to a person, not authorised to be in possession of a firearm, Goodwood CAS 281/05/2022 refers. This matter relates to Tyte illegally supplying a firearm and ammunition to the applicant, who was not employed by them. The matter is currently being heard at the Goodwood Magistrates Court, with the next postponement date being the 10" of October 2022. 38. The fact that the applicant has stopped working for Tyte Security Services after accused 1’s arrest on his own accord and is now selling cars, is proof of the fact that he was not truthful when he indicated in his affidavit that he indeed worked at Tyte Security. It rather proves that he worked for accused 1. If he indeed worked for Tyte Security, they could have easily re-deployed him to do other work. To illustrate this point, | would like to refer this Court to paragraph 18 of the applicant's bail affidavit, in which he states that he worked for approximately three (3) years in the security industry before May 2021, when he was forced to find alternative employment. Accused 1 was arrested on the 29" of April 2021 and kept in custody, in the applicant's version, he had to find altemative employment only a month later, in May 2021. This is indicative that he was never really employed at Tyie Security Services, as corroborated by a PSIRA representative as well as the office manager, but rather worked solely for accused 1. Page 13 of 55 weekThe breakthrough in the murder of Nicholaas Heerschap, Melkbosstrand CAS 13/07/2019, the _murder_of Richard Joseph, Mfuleni CAS 465/09/2019, the attempted murder of Andre Naude, Bellville CAS 132/09/2019 and the attempted murder of attorney William Booth, Cape Town Central CAS 108/04/2020: 39.As mentioned above, WIO Nico Heerschap always suspected that accused 1 was behind the murder of his father, Nicholaas Heerschap which happened on the 9% of July 2019, due to the investigation that he was involved in, against accused 1. 40.On the 3" of November 2021, | received information from the Ballistic Section, Forensic Science Laboratory, indicating that a “ballistic-hit was made between the recovered projectiles retrieved from the body of Nicholaas Heerschap and a .38 special revolver that was seized on Woodstock CAS 18/08/2019, on charges relating to the illegal possession of an unlicensed firearm and ammunition. The murder weapon was thus found, 41.1 drew Woodstock CAS 18/08/2019 from the archives at Woodstock SAPS and discovered that a suspect named *X" (in order to protect the identity of the witness) was arrested on the 2"¢ of August 2019, for the illegal possession of this .38 special revolver. "x" was arrested less than a month after the murder of Nicholaas Heerschap. 42. found that "X” was residing at number 39 Argyle Street, Woodstock at some stage, which is the stronghold of the “Terrible West Siders” gang (as described in paragraph 21). This was the same gang that was convicted for the attempted murder of well-known attorney, Mr. William Booth. 43. Accused 5 and Ebrahim Dear pleaded guilty in terms of a Section 105(A) Plea and Sentence Agreement and admitted that they were members of the Terrible West Siders (TWS) gang at the time when they attempted to murder Mr. William Booth on the instruction of the leader of the (TWS), who was identified as accused 2, as set out above. 44.1 arrested “X” on the following day, the 4" of November 2021 and detained "X” for questioning on Melkbosstrand CAS 13/07/2019, due to “X" being in possession of the murder weapon, used in the commission of the murder. The possession charge occurred only twenty-three (23) days after the murder was committed 7 ae me PA jours"45.“X" immediately gave full co-operation and indicated that at the time of "X’s” arrest, Mario Petersen (accused 6) had given "X" the firearm to keep, shortly before the police searched and seized the firearm in “X’s’ possession. "X" was allegedly walking with accused 4 and 6 when they were stopped and searched by the Police. This was when the Police confiscated the ‘murder weapon’ in “X's” possession, 46.1 showed “x” the CCTV video footage of the Melkbosstrand murder, where after “xX” identified the black Mercedes-Benz used during the murder, as well as the two (2) persons walking towards the deceased and killing him, as accused 5 and a person named Abongile @ “Bongi”. 47.*X" recognised that the clothing of the suspects were very similar to the clothing that accused 5 wore when he was working at the docks. “X" explained that accused 5, 6 and “Bongi” were friends and members of the Terrible West Siders gang. “X" knew the applicant and that he was the cousin of accused 2, who used to live at Church Street, Woodstock. "x" also knew that the applicant was working for accused 1, with a white male known as "Killer". | can confirm that Renier van der Vyfer @ "Killer” was working for accused 1, he is currently charged in the Bellville Magistrates Court for intimidating and threatening Colonel E Clark, after the arrest of accused 1. Colonel Clark is a member of the National Task Team investigating accused 1. Renier van der Vyfer allegedly blamed and threatened Colonel Clark for the arrest of accused 1, which he called his “Boss”. See paragraph 13.13. 48."X" deposed to an affidavit setting out the link between accused 1, 2 and the applicant, relating to the attempted murder of William Booth and the murder of Nicholaas Heerschap. 49.0n the 20", 21% and 22 of December 2021, | interviewed Abongile Ngodi @ “Bongi’, a sentenced prisoner at Pollsmoor Prison, relating to the information received by "X" in the Melkbosstrand murder case. | had the criminal profile of “Bongi’ in my possession that contained all of his previous and pending cases and knew that “Bongi” was serving a 15-year prison sentence. 50."Bongi” was warned of his constitutional rights prior to him being questioned. He confessed to me that he is a “28” prison gang member and a member of the “Terrible West Siders” gang in Woodstock, under the leadership of accused 2. Page 15 of 55 ved Hicantalr™ ouvert Pet“Bongi" informed me that he knew why | came to see him and that he was waiting for the Police to approach and charge him. 51.1 confronted “Bongi" with the murder of W/O Heerschap's father that was actually an attempted “hit” on a HAWKS Detective and questioned him on when last he had been in Melkbosstrand. “Bongi" appeared surprised about the Melkbosstrand question and started telling me that he only heard after the shooting who it was that he had killed and that he did not know at the time who it was that he had killed 52.He was adamant that he felt used by the gang and wanted to come clean. | had ‘several interviews with “Bongi", during which he confessed to killing Nicholaas Heerschap, the killing of Mr. Josephs, a tow-truck driver in Eersteriver, the attempted murder of Andre Naude and the conspiracy to murder William Booth. 53.He later made a formal confession to an independent police officer, took part in formal pointing-outs to a different independent officer and deposed of an affidavit, stating the following regarding the above-mentioned matters 54."Bongi" was picked up by accused 6 on the 8" of July 2019, the day prior to the murder of Nicholaas Heerschap. Accused 6 informed him that he came on instruction of accused 2 and that he wanted them to do a “big job” which they could 0 to alll for. He asked accused 6 if they had scouted the place (done recognisance in the area) and he informed him that accused 4 and 5 had done so and that they had no way of escaping. This was therefore a job that they could go to jail for. 55, They allegedly went to accused 2's house situated at number 39 Argyle Street, Woodstock. According to "Bongi”, accused 2, 4, 5 and 6 were present during the meeting. 56. During the meeting accused 2 informed them that if the job was successfully done for ‘the big boss’, they would be “sorted for life’, that they could have anything they wanted, that the payment would be small for the first job and will get bigger thereafter. Accused 2 allegedly informed them that the gang would get R60 000.00, but that the trigger man (the actual shooter), would only get R5 000.00. Genicin Page 16 0f 55 . ouweeP yay57. Accused 2 told them what vehicles the target would be driving and that they should be there early. That it should be a kill and not an attempt. “Bongi" was angry because he was not part of the initial planning and he voiced his concerns at the meeting, whereafter accused 2 left him to plan the hit, which he did 58. Accused 2, 4 and 6 left the house. Accused 6 later returned with a black Mercedes- Benz according to “Bongi" and it was the latest model without registration plates, but with paper number plates in the rear window. Accused 6 informed him that they would be using this car for the shooting. 59.“Bongi", acoused 4, 5 and 6 were afraid that this expensive car would expose them in Woodstock and decided to park the car at a different address. Accused 2 and the applicant also arrived later in a black Ford Focus with red company stamps and two snakes on the side of the doors, as he described it. The applicant was allegedly driving the car with accused 2 as the passenger. | showed “Bongi” the emblem of a Tyte Security vehicle and he confirmed that it was indeed the stamp/logo he was referring to. Accused 2 allegedly informed them in the presence of the applicant, that he and the applicant just came from the house where the job must be done and that the person they had to kill was there. It is clear from “Bongi's" evidence that the applicant participated in the reconnaissance at Heerschap’s residence and was fully aware of the planned murder. 60."Bongi” was allegedly picked up, early on the morning of the 9" of July 2019 by accused 6, where after they went to accused 5's house where they got dressed in overalls and reflector jackets, so that they would appear to be like municipal workers, working for the City of Cape Town when they executed the murder “Bongi” gave accused 5 one (1) of the two (2) .38 revolvers he had, and he kept his favoured one for himself. “Bongi" instructed accused 5 that he was only going to be his back-up shooter if something went wrong. They left in the Mercedes- Benz, which accused 6 was driving. Accused 4 was sitting in the front passenger side seat, while accused 5 sat with “Bongi’ in the back seat 61.When they got to Melkbosstrand, they drove past the deceased's house when accused 5, 6 and 7 pointed it out to him. He observed a white male with spectacles ‘on, wearing a cap coming out of the house and getting into the bakkie as described to them earlier by accused 2. They stopped around the corner of the said house, where “Bongi” and accused 5 got out and approached the bakkie on foot. Page 17 of $5 veuk,62.As the deceased was reversing the bakkie, “Bongi” walked right up to him and shot him twice in the head. Accused 5 was with him and struggled to get his firearm out of his pants. They got back into the Mercedes-Benz, while “Bongi” looked back and saw the bakkie slowly reversing with the wheels spinning and screaming. He knew that the man he shot was dead. They then drove back to Woodstock to accused 2's house. 63.He only later discovered that he had killed the father of a HAWKS Detective, who was investigating Nafiz Modack. He was angry because the “28” gang's motto was not to Kill police officers. When they got to accused 2's house in Woodstock, accused 2 was still sleeping. This angered “Bongi” even more, as he felt that a matter of such importance should be given more interest by accused 2. He confronted accused 2 about the “hit” on a police official, whereby accused 2 allegedly told him that the “hit” was for accused 1 and that they were working for him. “Bongi’ demanded payment from accused 2, who informed him that the “big boss” was in Court and that he would pay him later. Accused 2 allegedly gave him R1 000.00 that day. 64."Bongi” went back to accused 2's house the next day and argued with him about the balance of his payment. While he was there, the applicant arrived in a white BMW and stopped a distance away from the house. It should be noted that the applicant also drove a white BMW when he delivered the envelope containing the cash to Amaal Janfjies to fund the hand-grenade attack on Kinnear’s house and that he was working for accused 1. 65. The applicant approached them with a blue Pick & Pay shopping bag in his hand, which he gave to accused 2's wife. “Bongi” told the applicant that if they did a job for the “big boss”, he must pay them immediately, to which the applicant replied that they had to wait and left. The bag contained R25 000.00 which they divided between the five of them (accused 2, 4, 5, 6 and “Bongi"). They each received R65 000.00 in cash, 66.A couple of days later “Bongi” went back fo accused 2's house to confront him about the rest of the R60 000.00 that they were supposed to get. He found accused 4 and 6 there, but accused 2 was not there. “Bongi”, accused 4 and 6 then left and walked to accused 5's house. Accused 4 had the Mercedes-Benz key with him SAPS members allegedly stopped and searched accused 4 and 5 next to the road. Page 18 of 55 Zao VP.They arrested accused 4 for being in possession of presumably stolen property, namely the Mercedes-Benz key. After receiving this information from “Bongi, | did a criminal record search on accused 4. | discovered that he was indeed arrested on Saturday, the 13" of July 2019, with a Mercedes-Benz key, Woodstock CAS 162/07/2019, Possession of Presumable Stolen Property refers. This arrest was made only four (4) days after the Melkbosstrand murder, where a Mercedes-Benz was confirmed to have been used. The Mercedes-Benz key was still in the police’s SAP13 exhibit store. This aspect corroborated “X's" version and that of “Bong” 67."Bongi’ alleged that shortly after the murder and seizure of the vehicle's key, accused 2 informed him that accused 1 and the applicant, had phoned him and informed him that the HAWKS had identified the Mercedes-Benz that they used during the murder. They were instructed to get rid of it immediately. He was informed that the car was given to “2” (in order to protect the identity of the witness) after the murder, in order to hide it and it was parked in Bothasig, close to an Engen garage. 68. Accused 2 arranged for a tow-truck company to transport the vehicle, because the key of the Mercedes-Benz was stil in the police's SAP13 exhibit store. “Bongi” accompanied by accused 6 and *Z" were picked up in Woodstock; they went to Bothasig area where they loaded the Mercedes-Benz onto the tow-truck. They took it to Monwabisi Beach, where “Bongi" and accused 6 burned the car out. An affidavit was later obtained from *Z", who corroborated “Bongi”’s evidence and stated that the Mercedes-Benz, according to his knowledge, belonged to accused 2 and that he had, on several occasions driven accused 2 around in this Mercedes- Benz. An affidavit was obtained from the tow-truck driver who also corroborated “Bongi"’s evidence relating to the burning out of the Mercedes-Benz. 69."Bongi" further stated that accused 2 was arrested shortly thereafter for parole violations and that “X" was arrested with the .38 revolver that “Bongj” had hidden in the roof of accused 6's shack. According to “Bongi” he used that same .38 revolver to murder Nicholaas Heerschap in Melkbosstrand. | later visited this address and obtained photos of the exact place in the roof where the said firearm had been hidden. The description of where the firearm was hidden exactly matches the photos that | took. This again corroborates “Bongi's” version. Ge agegotss uve’ fy.70. It was established from Correctional Services’ records that accused 2 was indeed te-admitted into Pollsmoor Prison on the 17° of July 2019 for parole violations and that he was in Prison until the 24" of August 2020. This also corroborates the fact that accused 2 was in Prison when he ordered the hit on attorney William Booth, as stated by “Bongi’, accused 5 and Ebrahim Deare @ “Boet-Bul” in their Section 105(A) Plea and Sentence Agreement. 71. The Ballistic Report confirmed that the .38 revolver which “Bongi’ said he had used to kill Nicholas Heerschap, was indeed a ballistic match with the firearm found in X's possession. 72.The applicant allegedly phoned “Bongi” about two (2) weeks after the murder of Heerschap and informed him that accused 1 had another job for him and that he wanted to meet him in person. At the meeting, accused 1 thanked and informed “Bongi” that he did a good job for him in Melkbosstrand, that he should not worry about future legal fees and that it would be covered in the future by attorney “Y" (the witnesses identity is withheld for his/her protection). Accused 1 also informed him that the applicant would be the middleman from then on and that he will relay his orders to “Bong” through the applicant. 73.The applicant then gave “Bongi" R3 000.00 and told him that there was a white man that he must kill for accused 1. This man was allegedly in conflict with accused 1 regarding the night club industry. Accused 4 was present and nodded his head in approval. It was clear that the applicant was giving instructions on accused 1’s behalf. This white male was later identified as Andre Naude. 74.Captain E du Plessis, who is part of the National Task Team, identified an FNB account named Empire Investments Cars, with account number 62773345733 that was used by accused 1 to fund his corrupt activities, the hand-grenade attack at Kinnear's house, to pay accused 7 for the “pings” that he did on behalf of accused 1, to pay the applicant, to pay several of his personal expenses and to pay several attorneys for work that they had done for him and/or his associates. <—y i gaper P Page 20 of $5 Vey.75.1 followed up on the information that | received from “Bongi’ relating to the allegation that accused 1, informed him that his lawyer would be "Y" in the future, | can confirm that | have examined a charge sheet relating to a matter for which “Bongi” was arrested, where “Bongi” on his first appearance, indicated to the Magistrate that he will appoint a legal representative of his own choice and that it will be "Y". | can confirm that “Y" did indeed come on record for “Bongi’ according to the entries on the said charge sheet. An amount of R6 000.00 was later transferred from Empire Investments Cars to "Y's" account. An affidavit was later obtained from “Y", who confirmed that accused 1 paid him to appear for “Bongi” and that he was instructed to give feedback after each of “Bongi’s” appearances, regarding what happened at Court, to accused 1 and later when accused 1 was too busy, to the applicant himself. This aspect corroborates other witnesses and source information, that the applicant was indeed the right-hand man of accused 1 as well as “Bongi's" version thereof. 76.On the days mentioned in paragraph 49, while visiting “Bongi” at Pollsmoor Prison, he also confessed to me that he had killed a tow-truck driver in Eersteriver. This was on the instruction and with the assistance of accused 1 and 3. He shot the deceased, seven (7) times in the head with the same firearm found in his Possession when he was arrested. He also explained how he was instructed by the applicant and accused 1 to murder Andre Naude as well as how he was instructed to kill William Booth, 77.At that stage, | was aware of the fact that “Bongi” was arrested for the attempted murder on SAPS members, on the 11" of October 2019 and arrested on Woodstock CAS 159/10/2019. | did not know that when he was arrested, he was found in possession of a .40 calibre pistol. Ballistic comparison later confirmed that it was indeed the same firearm used in the “tow-truck” murder as well as in the attempt on Andre Naude's life, corroborating “Bongi's" version. explained the reason for the tow-truck driver's murder, as well as the planned murder of attorney William Booth and Andre Naude. That is was done on the instruction of accused 1, with the assistance of accused 2, the applicant as well as accused 7 respectively. cD Page 21 of 55 youre vevR79. According to “Bongi”, accused 1 wanted William Booth dead as payback, because he suspected that Mark Liftman and Jerome Booysen were behind the murder of Advocate Pete Mihalik, who appeared for accused 1. He was instructed by accused 1 and the applicant to kill Booth. He explained in detail how he followed William Booth for several months before the actual failed attempt on his life, including following him to the Worcester Magistrate's Court on three (3) occasions; and that William Booth was driving, as he called it, a “silver Ferrari". He described the vehicle with its registration number ending with the digits “99”. He did not get to execute the hit on Booth because he was arrested and his bail was denied. 80.While in prison, accused 2 made a conference call to “Bongi’. They discussed whether accused 5 and Ebrahim Dear would be able to kill Booth and he wanted “Bongi's" opinion. “Bongi” told accused 2 that he was of the opinion that they would Not be able to do it. While they were speaking, the applicant joined the call. "Bongi” then realized that the applicant was also part of the conference call. The applicant also wanted to know why accused 5 and Ebrahim Dear would not be able to kill Booth 81. According to “Bongj”, accused 2 and 5 video-called him the night before they were going to do the hit on Booth. They showed him the house of Booth and where his car was parked. “Bongi” could see that both of them were under the influence of drugs and told them that it was the wrong car shown to him. Later that same day, accused 2 phoned him and said that the price to kill Booth went up to R6 million and asked him to assist accused 5 and Ebrahim Dear by assisting them over the phone. He agreed. 82. Accused 5 and Ebrahim Dear allegedly sent “Bongi” photos of Booth’s house and car on the day of the attempt on Booth’s life, which “Bongi” then confirmed to be correct. It was however, a failed attempt and Booth survived after several shots were fired at him at his residence. 83.After the arrest of the accused as mentioned in paragraph 23, several cellular devices were seized and a cellular number was identified that accused 2 was using at the time of the Booth attack, from inside prison. The cellular records of this cellular number were obtained through authorised Section 205 Subpoenas in terms of the Criminal Procedure Act. JEON page 22 of 55 ett souks vec84. This cellular number was confirmed to be that of accused 2 and it was established that he indeed had telephonic contact with his wife, Kauthar Brown, the applicant, accused 5 and “Bongi” on the day of the attempt on William Booth's life as described by “Bongi" and particularly from 00:29 the morning of the 9" of April 2020 until after the failed hit. 85."Bongi" later made a full confession and did formal pointing-outs, that included where they planned to kill W/O Heerschap, where he actually killed Mr Nicholas Heerschap, where they burt the black Mercedes-Benz, the house of William Booth, the office of William Booth, where he killed the tow-truck driver and where he went to shoot at Andre Naude's house. He also pointed out several other addresses related to this investigation. As indicated, all these offences were committed by accused's 1 to 7 respectively. 86. | later showed William Booth the photos taken with “Bongi” during the pointing-out and he confirmed that the pictures depicted are in fact where he used to stay, his. place of work and parking garage where he parks his vehicle. This again corroborated “Bong's" version. 87.“Bongi” also indicated that accused 1 and the applicant gave him a Chevrolet Captiva vehicle with Worcester registration plates, as payment for his actions and that this vehicle was seized by the police at some stage. | confirmed this aspect and that the said vehicle is in police safe-keeping after it was seized, as set out below. 88. With regards to the tow-truck murder, he explained that he was informed by the applicant that he must go to Blackheath and kill the owner of a tow-truck company, who was unknown to him, The applicant allegedly sent him a picture of the man with his wife. "Bongi” described this person as a white man with a gold chain around his neck, with his wife being a white female with blond hair. Upon asking the applicant why he needed to be killed, the applicant explained that accused 1 and Jerome Booysen @ “Donkie” arrived at the same meeting, at the request of this white male 0 oP Zuvett Page 23 of 55 Vey. 289. Accused 1 did not know that “Donkie” was also going to be at this meeting. Accused 1 then allegedly discovered that this white male, the owner of CF Towing was also paying "Donkie" protection money. This angered accused 1 and caused him to want the owner of a tow-truck company killed. “Bongi” visited the address of the tow-truck company to familiarise himself with the premises for when he did the hit and acted as if he was a possible client. “Bongi” took pictures of the premises and sent it to the applicant. The applicant later informed “Bongi” that accused 4 and the owner had settled their dispute. However "Bongi” was then instructed to kill any one of the company's tow-truck drivers in order to teach the owner a lesson. 80.At the time when *Bongi” explained this murder to me, as described in paragraph 49, the murder and the identity of the tow-truck driver who was killed was unknown to me. | later discovered that the deceased worked for CF Towing Services and he was identified as Mr. Richard Josephs, who was shot and killed at his place of work. | identified the case number as Mfuleni CAS 465/09/2019. This murder was committed on the 20" of September 2019, at CF Towing Services and seven (7) fired cartridge cases of a .40 calibre firearm were seized and forwarded to the Ballistic unit. At the time of my discovery, the case docket was being investigated by the Anti-Gang Unit without any suspects. | retrieved the case docket and the information from “Bongi” matched. The number of shots that “Bongi” alleged that he had fired on the day when he murdered the tow-truck driver matched the amount and calibre of cartridge cases that were collected on the crime scene. This case was unsolved at that stage. “Bongl” informed me that he went to the tow-truck company and shot and killed a coloured male that was sitting in the driver's seat of a tow-truck with the .40 calibre pistol he received from the applicant, by shooting this man seven (7) times in the head. | also confirmed that the owner of CF Towing services is a white male, Mr Gys Smith and is well-known for always wearing a gold chain around his neck, as described by “Bongi”. 91. The applicant allegedly later paid “Bongi’ R10 000.00 for the murder of the tow- truck driver. He left the money wrapped in a bag at accused 2's house, where “Bong” collected it from Kauthar Brown, accused 2's wife. as aS Page 24 of 55 Lot, C Zyqub® vu.92.After receiving “Bongi's" information and identifying the said murder docket, | requested a priority comparison by the Ballistics Section, Forensic Science Laboratory to compare the seized firearm that was found in the possession of Abongile Ngodi @ “Bongi’, with the fired cartridge cases retrieved from the crime scene at the tow-truck murder incident. The Ballistics section confirmed that it was a ballistic match and indeed the murder weapon that “Bongi” indicated he had used. 93. After “Bongi” pointed out the house of the white man who the applicant indicated was in opposition to accused 1 in the night club security industry, | established that ‘Andre Naude resided there and that there was indeed a shooting incident, related to the attempted murder at his house, on the 6" of September 2019, at number 60 Eksteen Street, Bellville. This case docket was registered with reference Bellville CAS 132/09/2019, Attempted Murder. | was also not aware of this incident and retrieved the case docket from Bellville SAPS. This matter was not solved and no suspects had been identified at that stage. | collected the said case docket for further investigation after receiving the information from "Bongi’. 94. It serves to mention that accused 1 was in direct conflict with Mark Liftman, Andre Naude and Jerome Booysen @ “Donkie” and that Naude's cellular phone was traced on five (5) different occasions by accused 7, whom it has already been established, worked for accused 1 and has also been charged with the murder of Lieutenant Colonel Kinnear. This also corroborates the version of “Bongi” that accused 7 had sent him the location of the premises where he had to go and kill Andre Naude. 95.Once | retrieved the case docket from Bellville SAPS, relating to the attempted murder of Andre Naude, | established that several fired cartridge cases were seized on the crime scene at his house. According to “Bongi’, he used the same firearm that he was arrested with and also used it to kill the tow-truck driver. Page 25 gf 55 vA96.1 requested a priority comparison by the Ballistics Section, Forensic Science Laboratory, to compare the seized firearm that was found in the possession of “Bongi’, with the fired cartridge cases retrieved from the crime scene at the attempted murder scene at number 60 Eksteen Street, Bellville and it was confirmed that it was a ballistic match. This firearm matched with the cartridge cases found at Naude’s house and that retrieved at the murder scene of the tow- truck driver. The ballistic evidence proves that the same firearm was used in the murder of the tow-truck driver and the attempted murder of Andre Naude, corroborating “Bongi’s" evidence. 97.According to “Bongi” the applicant gave him the above mentioned firearm and ammunition to kill Andre Naude as welll as the tow-truck driver. “Bongj” indicated that he knew this firearm because he had previously seen it in the possession of accused 2. 98."Bongi” indicated that he visited Naude's house on two occasions on the instruction of accused 1 and the applicant. On the first occasion, the applicant instructed him to go to Nauce’s house with the said .40 calibre firearm, ring the intercom and tell the person who answered, that “Donkie” had sent him. The plan was to lure Andre Naude to the door, where “Bongi” could then kill him, He indicated that he did as the applicant instructed him but that it did not work because the housekeeper answered the intercom without opening the door and did not understand him when. he told her that “Donkie” sent him to Naude. After this failed incident, he allegedly phoned the applicant and told him that his plan did not work. 99.1 also managed to find Woodstock CAS 160/12/2019, relating to an attempted murder, for which “Bongi" was arrested and charged. Members of SAPS also found and seized a Chevrolet Captiva with registration number CW56757 in this matter. It was established that this vehicle was kept at the Bellville-South Vehicle Safeguarding Section, with reference number SAP13/2742/2019. This aspect again corroborated “Bongi’s” version that accused 1 and the applicant rewarded him for the crimes that he had committed for them, by giving him this vehicle. fan Page 29! 55 cape eed100. | obtained arrest warrants during May 2022 for the applicant and several co- accused in the above-mentioned cases. | arranged for my colleagues of the National Task Team to assemble in Cape Town to assist in executing these arrest warrants. On Friday the 3" of June 2022 at approximately 03:20, | visited the residence of the applicant, located at 74 Royal Street, Maitland in order to execute the J50 Warrant of Arrest on Melkbosstrand CAS 13/07/2019, for the murder of Nicholaas Heerschap. The suspect was not at home and | interviewed his wife, Mrs Sakeenah Burns 101. Sakeenah Burs informed me that the applicant had left Cape Town to Durban on Monday, the 30" of May 2022 with an unknown friend that allegedly picked him up at home. | was informed that he went there to buy or sell motor vehicles and that she does not know when he will be returning, | informed Sakeenah that | was in possession of a warrant for his arrest and requested her to telephonically call him in order for me to speak with him. Sakeenah started to search for his cellular number on her phone and | found it strange that she did not know her husband's telephone number. Her explanation for this was that the applicant regularly changed phone numbers and that he had only had this new number for the last month, She could not explain why he changes numbers so frequently and that the last time she had contact with him, was on Wednesday, the 1st of June 2022. 102. | have been an investigating officer, investigating cases of serious and violent crimes, for more than twenty (20) years and during this time, | have experienced and noticed a similar modus-operandi being followed by suspects involved in organised crime, who change their cellular numbers frequently. They do this in order to make it difficult for investigating officers to trace them, or to apply for a Judges’ directive to intercept and monitor their communications. 103. Sakeenah eventually phoned the applicant on the number saved on her phone, 065 294 8450 from her device, with telephone number 083 200 4791. She handed her phone to me when it started to ring, so that | could speak with him. The applicant answered the phone and after | introduced myself as a police officer, he immediately ended the call. | requested Sakeenah to phone him again, which she did but he did not answer until the 3rd attempt. | spoke to him on “loudspeaker” and informed him that a warrant for his arrest had been issued and | asked him where he was at that stage. The applicant answered me by saying: “Ek is baie vér G Page 27 of 5 Reo veemeneer’. | asked him what that meant, and he informed me that he was in Durban and planned to return to Cape Town on Sunday evening, the 5th of June 2022. 104. | asked the applicant to explain to me where exactly in Durban he was, but he could only tell me that he was somewhere in Ballito, at a room-to-rent venue. He could not supply me with the name of the establishment. | informed the applicant that | did not believe that he was in Durban at that stage, as | had information from a reliable source, indicating that he was actually in Cape Town area. 105. | requested the applicant to send me a “pin location” of his exact whereabouts to prove that he was indeed in Durban and his response was that his phone did not have that function. 106. | found that questionable and requested the applicant to immediately report at the nearest Police station that same morning and also supply me with a receipt from the establishment where he was staying. | also informed him to telephonically contact me as soon as he arrived back in Cape Town. He agreed to this, | found it strange that the applicant never even asked me for what offence the warrant of arrest had been issued 107. Sakeenah informed me that the applicant resided there on a permanent basis, and that he buys and sell cars for an income. | questioned her about when last he had sold a car, she told me it was a couple of months back. | asked her how he supports the household, including caring for his children, upon which she answered that she supports the household and does not depend on his income. | am aware that Sakeenah is employed at MTN. 108. After leaving his residence, | repeatedly phoned the applicant from my official cellular phone and continued to do so for the rest of that day but his phone was switched off. | made telephonic contact with his legal representative on record, Mr Parkar and informed him about the warrant of arrest that had been issued for his client. | requested that his client should make himself immediately available and report at the nearest Police station and to supply me with proof of where he was staying at the time. | was later informed by the applicant's attorney that he will only be back in Cape Town either on Sunday, the 5'* of June or Monday, the 6" of June 2022. Page 28 of 55 & Efe die vie108. Later that day, | applied for a Section 205 summons in terms of the Criminal Procedure Act, Act 51 of 1977, for the cellular data on the applicant's phone. This was in order to establish what the applicant's location was as well as when the actual calls were made to him from his residential address and in order to verify or rebut his version of his whereabouts at that specific time. | believe that the applicant was aware of the fact that he would be arrested at some stage after his name, as well as his cousin “Bubbles” name was mentioned in social media, linking them as suspects in several murder and attempted murder matters. | believe that this was why the applicant was in hiding and not found at his alleged residential address. 110. On the evening of Sunday the 5" of June 2022, Mr Parkar phoned me and informed me that the applicant was traveling home from Durban and that the applicant would only be home late that evening or the early hours of the next morning and that he would hand himself over on Monday, the 6" of June 2022. 111, On Monday, the 6" of June 2022 at approximately 08:10, the applicant handed himself over at our offices in the presence of his legal representative and | arrested him on Melkbosstrand CAS 13/07/2019, Murder. | informed the applicant of the charges against him, as well as his constitutional rights and continued to question the applicant on his personal circumstances, including his financial standing and whereabouts over the past weekend. He voluntarily answered without commenting on the merits of the charges against him. 112. The applicant's explanation of his whereabouts for the previous week, were that: 112.1 112.2. 112.3. 1124. He left for Durban during the early hours of the morning of Monday, the 30th of May 2022, when a friend named Diyaan picked him up with his VW Polo and they travelled together to Durban That he stayed with Diyaan, in different guest houses but could not produce any proof thereof, even afer it had been requested. That he only possesses one (1) phone, the phone that | had spoken to him on, which he then produced to me. That he never switched the phone off since when his wife called him at the time of my visit and that the only reason, | could not get hold of him, must have been due to bad signal. That he only arrived back in Cape Town earlier that moming, the 6" of June at approximately 02:00 and was dropped off at home by Diyaan. age 29 of 55 Figo VA ve113. The applicant confirmed that he read an article in “The Voice" about the Melxbosstrand matter approximately three (3) to four (4) weeks back and that he ‘saw his cousin, “Bubbles" and Modack, as well as his name as a suspect, but never thought it referred to him. | am aware of media articles where the applicant, accused 1, as well as “Bubbles” names were mentioned in social media posts after “Bongi” pleaded guilty and was sentenced in the Khayelitsha Priority Court for the murder of Nicholaas Heerschap. 114, The applicant alleged that he earned an income of approximately R10 000-00 per month by buying and selling cars. Upon questioning him in detail of where he bought or sold the most recent car, he could not produce anything for me to follow up on. The last vehicle he sold, was allegedly a BMW 330 series, which he sold for R85 000-00 to a person only known to him as Imtyaaz, who stays in Port Elizabeth He claimed that he only received R40 000-00 to date for the sale of the car, He could not supply me with Imtyaaz’s surname, contact number or any residential address. | found that strange seeing that he was owed a significant amount of Money for the sale of the said vehicle but had no means of contacting the buyer or any means to recover the outstanding amount owed to him. | needed to verify whether he indeed had a source of income and whether his version of buying and selling cars was only made up to support his financial standing. 118. The applicant informed me that he also buys vehicles with Razique Darties. He alleged that they add money in a “poo!” to buy a car and then share the profit when. the vehicle is sold. He could however not provide me with any documentary proof of such, or even with a contact number, or address for Razique. | found this bizarre and untruthful, seeing that this was a source of income for him and his family. 116. | informed the applicant that he was arrested for a schedule 6 offence and further schedule 6 and 5 arrests were pending against him and that the onus will be on him to prove exceptional circumstances in order for the Court to grant him bail. | requested that the applicant, in his attorney's presence, supply me with his exceptional circumstances that was in the interest of justice for him to be released on bail, so that | could follow up on it. He indicated that he wished to remain silent and did not give me any explanation at that stage. Page 30 of 55 Vv.117. Later the same day, | transported the applicant to Atlantis SAPS to detain him On the way there, | requested him to show me the residence of Razique Darries, as mentioned in paragraph 115. The applicant directed me to number 104 Wiener Street, Goodwood where he indicated that Razique stayed. He indicated that he very recently visited Razique there on two (2) or more occasions. 118. At approximately 14:25 the same day, the applicant voluntarily directed me to the residence of Diyaan, as mentioned in paragraph 112. At the mentioned address, | was met by Mr and Mrs Adams. | introduced myself as a Police Officer and questioned them with regards to Diyaan. | was informed that Diyaan is their son, Donovan Jacobs @ ‘Diyaan” who resides in Johannesburg and the last time he visited Cape Town was approximately two (2) months ago. | questioned them with regards to the applicant's version that Diyaan was allegedly in Cape Town that day but they laughed it off and informed me that he would have visited his children, who were living with them as he has a very strong bond with his children 119. | was supplied with a contact number of Donovan (Diyaan) and | contacted him telephonically. He informed me that he was currently in Durban, not in Cape Town as alleged by the applicant and that the applicant is indeed a friend of his. | questioned him regarding the applicant's version that he allegedly dropped the applicant in Cape Town earlier that morning and how it was possible that he could have been back in Durban so quickly (seeing that Durban is more that eighteen (18) hours’ drive away). Donovan told me that he never transported the applicant to or from Cape Town at any time as alleged by the applicant. This was contradictory to what the applicant alleged and a blatant lie to substantiate his whereabouts when | attempted to arrest him 120. | questioned Donovan (Diyaan) whether the applicant was indeed with him in Durban for the past week, which he confirmed. He was evasive and could not tell me where they had resided while the applicant was with him during that time, | warned Donovan (Diyaan) not to supply me with false information, as his actions Could constitute a criminal offence by creating a false alibi for the applicant. Donovan (Diyaan) maintained that the applicant was indeed with him in Durban but suddenly had to return to Cape Town on Saturday the 4th of June 2022. He admitted that he never transported the applicant to or from Cape Town, neither did he have any knowledge as to how the applicant travelled to and from Durban to Cape Town. He was not willing to supply me with @ statement under oath and it Zien Page 31 of 55 KP VPwas clear to me that he was trying to protect the applicant. His version was already in contradiction to what the applicant alleged in paragraph 112 above. 121. | received the cellular data as requested in paragraph 109 above of the applicant's phone number. | analysed the data and found the following. 121.1. That the cellular number in question was in Cape Town's central business district area at the time of his wife's call to him and when he informed me that he was “baie vér" and “in Durban”. | verified the Global Positioning Satellite (GPS) co-ordinates that were supplied by the cellular service provider and established that the said cellular phone was in Cape Town, in fact very close to the Woodstock area and only a couple of streets away from Argyle Street, Woodstock (as mentioned in paragraph 21) 121.2. That the said cellular number's location was found to be nowhere other than in the central business district of Cape Town since the 23" of May 2022 up to and including the 3 of June 2022, when the call was made to him. This Proves that the applicant was neither at his residential address, number 74 Royal Street, Maitland nor in Durban for that whole period and that he lied to me in order to evade and delay his arrest. This also raises serious questions regarding his permanent residential address as claimed by him 121.3. That no other calls were made or received on the said cellular number from the time when | last spoke to him, indicating that the device was switched off. He therefore must have communicated with his attorney via another number to instruct him that he would only be back late on the Sunday evening, the 5" of June 2022 or the early hours of Monday morning the 6” of June 2022, 122. J annexed a printout of the said cellular data as per PJ 9. 123. After receiving the above-mentioned cellular data, | again made telephonic contact with Donovan Jacobs @ “Diyaan” and informed him that the applicant's phone records showed that he was never in Durban as alleged by him, during the week of the 30" of May 2022, up and until the 6" of June 2022. Donovan then changed his version and told me that he could not remember the exact date that the applicant was with him in Durban, but that it was before that period. Donovan indicated that he did not like the fact that the applicant was using him as an alibi Gas page 32 of 55 ok, ie fqanet viPv.eand did not want to get involved with any criminal matters. He was not willing to supply me with an affidavit but admitted that he had lied to me. 124. It is clear that both the applicant and his wife were untruthful about his whereabouts as she indicated that a friend had come to pick him up. The applicant and his attorney were informed that a warrant for his arrest had been issued. The applicant was never in Durban, but indeed in Cape Town. He persisted with this lie when I took his warning statement on the 6" of June 2022 and it is of my opinion that the applicant must have coerced Donovan to lie in order to protect him. 125. On Thursday, the 23% of June 2022 at approximately 07:00, | visited number 104 Wiener Street, Goodwood (the address as pointed out by the applicant where Razique Darries lives, (see paragraph 117). | was met by Mr. Ashly Arendse with contact number 076 985 1013, who introduced himself to me as the owner of the property. He informed me that he has resided there since June 2021 and does not know a person named Razique Darries. This confirms that the applicant was again not truthful when he lied to me about his employment, namely buying and selling cars and went further to continue fabricating lies to make his story credible. Response to the applicant's affidavit 126. The applicant was informed on the day of his arrest that he was being charged for schedule 6 offences and that he must show exceptional circumstances that are in the interest of justice in order for him to be released on bail. His referral in paragraph 6 of his affidavit, to the fact that he only needs to show that it is in the interest of justice that he be released (a schedule 5 requirement), is therefore misguided, as set out in his affidavit 127. The applicant's denial in paragraph 7 and 8, in that the murders of Nicholaas Heerschap and Richard Josephs were not premeditated is unfounded and factually incorrect, as clearly set out in my affidavit, His direct involvement in these murders are set out in detail above. These murders were planned and/or premeditated and were committed by a person, group of persons or syndicate (The Terrible West Siders gang), acting in the execution or furtherance of a common purpose or conspiracy. Page 33 of SS vituHis residential address: 128. In paragraph 16 of the applicant's affidavit, he states that he permanently lives at 74 Royal Road, Maitland since March 2021. He also indicated that he lived elsewhere prior to that but conveniently failed to indicate those addresses and the period of such residence 129. On the 22°4 of July 2021, a warning statement was taken of Sakeenah Burns, the applicant's wife, as set out in paragraph 28. She indicated that she and the applicant lived in Woodstock, but during November 2019 until 2021, they lived at different addresses. 130. The applicant opened a criminal case docket of attempted murder, to wit: Milnerton CAS 2/05/2021, attempted murder on the 30" of April 2021. The said complaint was against members of the Police's Special Task Force and pertained to the arrest of accused number 1 and the applicant. The said affidavit was signed by the deponent and commissioned at Milnerton SAPS at 16:10 by Lieutenant Colonel Levendal. The applicant indicated in this affidavit that his residential address was number 6 Jasmyn Street, Plattekloof. 131. This address is one (1) of Modack's addresses. His residential address thus differs from what he stated in his bail affidavit, namely that he resides at 74 Royal Road, Maitland since March 2021. In his affidavit (as referred to in paragraph 130), the applicant further committed perjury and attempted to defeat the ends of justice by attempting to exonerate Nafiz Modack from the alleged offences of attempted murder, resisting arrest, as well as reckless and negligent driving, relating to a highspeed chase that led to the eventual arrest of accused 1. This was done before Modack applied for bail on Kinnear's murder matter. 132. The applicant stated that he was in fact the driver of the bulletproof Toyota Hilux bakkie, when in fact, accused 1 was the driver, when uniformed SAPS members executed the arrest warrant on accused 1. A criminal case docket was opened against the applicant relating to perjury and attempting to defeat the ends of justice under Milnerton CAS 142/09/2022. He will charged regarding that case, shortly. Page 34 of 55. vee133. He also indicated in his application for competency for a firearm licence, dated and signed by him on the 25" of June 2020, as well as his private firearm license application, dated and signed by him on the 19" of February 2021, that he resides at number 12 Doreen Road, Grassy Park. 134. “Bongi confirmed that he knew the applicant and his wife, where they stayed in Maitland, even describing the house in detail, stating that it is in the same street, as Koeberg Primary School, Maitiand. | can confirm that this is indeed the case. 135. | therefore doubt the fact that he was truthful about where he resides, especially since he did not explain where he was staying from the 23 of May 2022, until his arrest on the 6" of June 2022. His whole version of him going to Durban, to buy or sell a car was discredited by his cell phone movement. He must have had an alternative place to stay during that time, since his cell phone records showed that he was not at home during that entire period as indicated. 136. | also find the fact that he changes his cellular number every month as alleged by his wife as very suspicious. This would make it very difficult to get hold of him and to trace him or his movements. | cannot see how his actions of changing his cell phone almost every month would benefit him as car salesperson or so-called “spotter”. Potential clients who would wish to make use of his services as a “spotter” would find it extremely difficult or impossible to get hold of him, seeing that he frequently changes his cell phone number. His employment history: 137. | have dealt with his employment history as set out in paragraph 31 to 38 above and the fact that he could not give me any details relating to any car transactions that he was involved in while taking his warning statement. He also pointed out the house where a person who he “pooled” money with to buy cars stayed, as set out in paragraph 115, 117 and 124 that was found not fo be true. | am therefore doubtful of his actual employment. He could have easily handed in a copy of his bank records to prove that this is indeed true, since he is worried about the provisions of FICA as referred to in paragraph 20 of his affidavit. He has failed to do that. a ZEESS age 35 of 85 gort- oul vitv.R138. In paragraph 22 and 23, he indicated that his family is suffering due to his incarceration. This is in contradiction to what his wife indicated when | interviewed her, in the presence of other SAPS members, when she stated that she solely provided for their family. | find proof in the fact that the house she resides in belongs to her and not the applicant, as set out in the deeds office records that the applicant attached to his affidavit, as annexure MZP 1. 139. In paragraph 24, the applicant indicated that he is involved in several community outreach programs but fails to name any such programs in order for me to verify them. Surprisingly, accused 1 made the same allegation during his bail application and this was also never verified 140. In paragraph 25 to 30, he deals with his so called co-operation in a firearms related case against him. | have dealt with this in my paragraphs 31 to 38 above. The merits of the State’s case: 141. In paragraph 33 to 50, the applicant deals with the merits of the State's case; | dispute it in its entirety. 142. “Bongi” had no motive to kill Mr Heerschap or Mr Josephs, attempt to murder Booth or Mr Naude. Accused 1 and his associates including the applicant had the motive as set out above in detail for each incident. 143. | have also found a lot of corroboration for “Bongi's” version of form of real evidence and witness statements. nts, in the 144. The applicant's defence is based on an alleged mistaken identity, The witness, “Bongi” has already indicated that he knows the applicant very well, as well as his wife. He indicated where he resides in Maitland, even describing his house in detail. He indicated that he had been there on several occasions and that the house is situated in the same Street as Koeberg Primary School, which | can confirm is in Royal Street, Maitland. “Bongi” already indicated that he knows the other cousin as referred to by the applicant as Ziyaad Brown and confirmed to me that this Ziyaad’s nickname is “Oupa’. “Bongi" went so far as to mention that he knows this Ziyaad @ “Oupa’s” mom as @ “kaffermeit’. He is also aware that “Oupa” was Zl Page 36 of V-PV-AYconvicted in 2017 and served a ten (10) year prison sentence, He was thus in custody during 2019 and 2020 when these offences were committed. The applicant's involvement with “Bongj” was also confirmed by the witness previously mentioned as “ Applicant's association with accused 145. In paragraphs 51 to 55, the applicant explained how he met accused 1 via an associate of accused 1, named Andre Fabing, who is now deceased. I can confirm that Andre Fabing was a member of the Modack enterprise 146. | have access to WhatsApp communication between Amaal Jantjies, Janick Adonis, accused 1 and Andre Fabing in the racketeering prosecution against the Modack enterprise, specifically relating to the corrupting of a member of the Anti- Gang Unit, Sergeant Ashley Tabisher, money laundering and the funding of the hand-grenade attack at Kinnear’s house on the 22 and 23% of November 2019. Amaal Jantjies, Janick Adonis, Sergeant Ashley Tabisher are some of the accused in this racketeering prosecution. 147. The WhatsApp messages consisted out of push to talk messages “PTT messages” and text messages. These messages were exchanged from October 2019 to November 2019. On the 10" of November 2019 accused 1 sent Amaal Jantjies to Sergeant Ashley Tabisher in order to corrupt him. She had a 25 minute conversation with Sergeant Ashley Tabisher, during which conversation she attempted to corrupt him. He agreed to supply them with information relating to which of accused 1's employees were informers to SAPS members and when they would be searching his properties. Tabisher agreed to do it for a payment of R10 000.00 per month, Amaal Jantjies informed Andre Fabing that she successfully corrupted Sergeant Ashley Tabisher and needed R10 000.00 to pay him. She indicated that they would have to pay him on a weekly basis, seeing that he would supply her with information that she would relay to them. She also sent him the recording that she had made of the conversation with Tabisher. 148. Andre Fabing would have been arrested and appeared as a co-accused in the racketeering matter, if he was still alive today, for his involvement in the enterprise, led by accused number 1 ay Page 37 of 55, ork sou vb.149. In paragraph 56, the applicant mentioned that Mr Fabing introduced him to accused 1 and recommended him as a future potential security official, In paragraphs 56 to 64, the applicant sets out how he worked for ASP Security Services and then Tyte Security, where he was assigned as a personal protector of accused 1. | dispute this as set out in paragraph 31 to 38 above. | find the applicant's explanation regarding the "EFT payments” that were made into both of their accounts from Imperial Investment Cars’ bank account in paragraph 70 of his affidavit very strange. It is clear that the applicant tried to justify these payments for work that he had done outside of his ordinary work hours. This is an admission that he indeed worked for accused 1 and is a total contradiction of his own version. 150. | further find the statement that the applicant made in paragraphs 64 and 65 strange, as it contradicts what he stated in paragraph 70. He indicated that his official duties were limited to the personal protection of accused 1, which he did until the 29" of April 2021, when accused 1 was arrested. That was also the last, time that he worked in the security industry according to his version. 151. In paragraph 65 of the applicant's affidavit, he stated that he neither had any other business dealings with him (Modack) nor was he employed by him in any other capacity. In paragraph 70, the applicant states that the payments he received from Empire Investment Cars were for work that he had done outside of his ordinary work hours. The only conlusion that | can make is that the applicant suddenly tried to justify these payments received from Empire Investment Cars, for the personal protection of accused 1 as that is the only work he had done for him. This explains and proves the payments that he received from accused 1 as mentioned in paragraph 70, 152. | have obtained further affidavits and interviewed witnesses that indicate that the applicant was 2" in charge of the enterprise's affairs and that the applicant, Jacque Cronje, Big Mike, Petrus Visser and other members of the enterprise were involved in the extorting of businesses. The applicant himself, on several occasions collected cash from these business on behalf of accused 1. According to these witnesses, he was very aggressive and irritated if the money was not ready for collection. The extortion investigation is still ongoing. Page 38 of 5 vin153. Jacque Cronje and Petrus Visser are also accused and will be prosecuted in the racketeering prosecution in the High Court, as mentioned in paragraph 13, above. Payments received from Empire Investment Car: 154, The contents of paragraphs 66 to paragraph 78, are shockingly factually incorrect, considering the fact that the applicant was supplied with a copy of the “EFT payments”, when his warning statement was taken. This is an act of blatant perjury. 155. In paragraph 68, the applicant indicated that he was asked by the investigating officers if he was aware of payments made into his and his wife's accounts. He informed them that he was not aware of payments that he received from Empire Investment Cars until he saw the payment extracts. He then goes further and states. that he would receive payment of his monthly salary and on certain occasions his salary was paid into his wife's account. These questions were never asked to the applicant as per his warning statement, PJ 1. He was asked whether any other company paid his salary over the last three years, whether he was employed by Empire Investment Cars, and asked what work he did for Empire Investment Cars. The applicant and his attorney indicated that they were not going to answer those questions (See page 19 of PJ 1). 156. The applicant wants this Court to believe that he never, over a period of three (3) years, looked at who paid his salary or commission and that he was unaware if itwas ASP Security Services or Tyte Security Services. | have obtained an affidavit from the office manager at Tyte Security Services who confirmed that the applicant never worked for them and he was never on their payroll. See paragraphs 33 and 34 with regards to PU 7 and PJ 8, 187. In paragraph 70, he indicated that the investigating officers asked him whether he received any payments from accused 1 and he informed them that he did additional security work for accused 1 from time to time, outside his ordinary work which he was paid for. This question was never posed to him by the investigating officers as per his warning statement, PJ 1 and is a recent fabrication of facts. Zein Asante P Page 39 of Vv We188. The applicant was also never told by the investigating officers that the Empire Investment Cars’ account was used to fund the crimes that he was involved in, as stated in paragraph 71 of his statement. 159. From paragraphs 72 to paragraph 78, the applicant tried to create a new narrative, that the payments he and his wife received from the Empire Investments Cars’ account, was not paid during the times that the crimes were committed and especially in paragraph 76, that the charges he is being charged with, were committed before he met the accused, This is factually incorrect. The indictment reads that he was part of the enterprise from approximately July 2019, until September 2020. 160. The conspiracy to murder William Booth, occurred from September 2019, till the 9" of April 2020, when there was an attempt to murder William Booth. The conspiracy to murder W/O Nico Heerschap occurred on the 8" and 9" of July 2019. Nicholas Heerschap was murdered on the 9" of July 2019. The firearm and possession of ammunition charges related to the firearms used to kill Nicholaas Heerschap on the the 9" of July 2019. The money laundering charges related to payment for the “hit” on Heerschap on the 10 of July 2019. The conspiracy to murder Andre Naude, ocourred during July and/or August 2019, and the attempted murder occurred on the 6" of September 2019. 161. The firearm and possession of ammunition charges related to the firearms used in the attempted murder of Andre Naude, Mr Richard Josephs, whose murder occurred on the 20" of September 2019 and the hand-grenade attack at Kinnear’s house occurred on the 23" of November 2019. All of these offences as referred to. in the above paragraph, happened between July 2019 and until April 2020. 162. The applicant received payments from the Empire Investment Cars’ account from the 1% of May 2019, two (2) months prior to the murder of Nicholaas Heerschap and the conspiracy to murder W/O Nico Heerschap, until the 14" of February 2021. He was indeed receiving payments during the entire period that he was working for accused 1. To suggest that he did not receive payments on the specific day of the orimes, is very disingenuous by the applicant. ZicatP page a0 of 5 viv.His assoc ith Accused, 163. The applicant stated in paragraph 79 that he knows that he is required to be transparent with this Court insofar as his associations with those who stand before this Court as his co-accused. The applicant however then proceeded in paragraph 82, to say that he is aware that accused 2 is alleged to be a member of the gang known as the Terrible West Siders gang. | will argue that this aspect again is an attempt by the applicant to exonerate his co-accused who is a family member and according to witnesses, very well aware of the fact that his cousin is the leader of the Terrible West Siders gang. My submission is that this is also an attempt to distance himseff from the fact that he is alleged to be the middle-man between accused 1 and accused 2. It is clear that accused 1 used the “services” of the Terrible West Siders gang to execute his orders with all the offences as stated above. 164. It should be noted that the applicant is not being charged with being a gang member, but by performing any act which was aimed at causing, bringing about, promoting or contributing towards a pattern of criminal gang activity with reference to his role in obtaining the services of the Terrible West Siders gang and the Junky Funky gang, to commit the crimes as set out in the charge sheet and his involvement in paying them for the crimes they had committed Applicant's association with Accused 4, 5 and 6: 165. In paragraphs 84 to 87, he denies that he knows accused 4, 5 and 6 and states that he heard from his legal representatives that accused 4, 5 and 6 also denies knowing him and that they would be happy to depose of an affidavit to that effect. 166. | find this very strange, as it seems as if accused 4, 5 and 6 are attempting to cover up the applicant's involvement, in the same way that the applicant covered accused 1’s involvement in the attempted murder case, relating to accused 1's arrest. See paragraphs 130 and 131. Page 41 of $5 v.te167. On the 30" of May 2022 at 11:40, Captain E du Plessis, W/O T Shaw and | went to Pollsmoor Medium B Prison to interview accused 5. He was warned of his, Constitutional rights, whereafter he was asked if he would listen and decide whether he wanted to answer certain questions. | was asking him general questions relating to his personal circumstances and whether he knew some of the suspects in my racketeering matter. One of the questions that | asked him, was whether he knew the applicant. He replied that he knew him and that he is the cousin of “Bubbles” (accused 2) and that he did security work 168. On the same day at 13:10, Captain E du Plessis, W/O T Shaw and | interviewed accused 6 at Pollsmoor Maximum Prison, He was also wamed of his Constitutional rights, whereafter he was asked if he would listen and decide whether he wanted to answer certain questions. | was asking him general questions relating to his personal circumstances and whether he knew some of the suspects in my racketeering matter. One of the questions that | asked him was whether he knew the applicant. He indicated that he knew the applicant, being “Bubbles” cousin and that he resided in Maitland 169. On the 31% of May 2022 at 09:45, Captain E du Plessis and | interviewed accused 4 at Drakenstein Maximum Prison. He was also warned of his Constitutional rights, whereafter he was asked if he would listen and decide whether he wanted to answer certain questions. | was asking him general questions relating to his personal circumstances and whether he knew some of the suspects in my racketeering matter. One of the questions that | asked him was whether he knew the applicant. He also indicated that he knew the applicant and that he was "Bubbles" cousin. 170. | kept notes during these interviews. Applicant's association with Accused 171. The applicant indicated that he only met accused 7 once in Johannesburg Accused 7's phone was seized in Johannesburg at the time of his arrest and a photo was discovered on his phone, where the applicant can be seen posing with a firearm in his hand. He can be seen with accused 1, 7, Anwa Gallie and an unknown individual hiding his face. Accused 7 was working for accused 1 and is part of the Modack enterprise. | annex a copy of this photo as annexure PJ 10. A, Page a2 of SS eo A eaoare? VA wkCharges 17 and 48: 172. The involvement of Andre Fabing is set out in detail in paragraphs 145 to 149, It should be noted that the applicant is not being charged with being @ gang member, but by performing any act which was aimed at causing, bringing about, promoting or contributing towards a pattern of criminal gang activity with reference of his role in obtaining the services of the Terrible West Siders gang and the Junky Funky gang, to commit the crimes as set out in the charge sheet and his involvement in the crimes they had committed 173. As stated above, Andre Fabing was also working for accused 1. It is therefore itrelevant whether Andre Fabing gave the applicant the money or whether accused 1 did. It still formed part of the enterprise's illegal activities. In terms of Section 2 of the Prevention of Organised Crime Act, Act 121 of 1998 (POCA), the State merely needs to prove that the applicant was directly or indirectly invoived in the activities, of the enterprise. A conviction on the charge is therefore not a requirement. The circumstantial evidence will show that he was involved in these two charges The alleged extremely weak State's case: 174, I dispute the contents of the applicant's affidavit with reference to paragraph 94, insofar as the averment that the State has an “extremely weak case”. The contents of my affidavit proves the contrary, in that the State has a strong prima-facie case for the applicant to answer. Applicant's crimi istory: 175. The applicant has no previous convictions and no outstanding arrest warrants. He has one pending case as set out in paragraphs 31 to 38 as referred to in Sea Point CAS 129/11/2021 176. The applicant will face the following charges in the Sea Point matter: 176.1 A contravention of Section 3, read with Section 1, 103, 117,120(1)(a), Section 121, read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2 000 and further read with Section 250 of the Criminal Procedure Act, 51 of 1977: Unlawful possession of a firearm. & Page WY Asoo? VW. we176.2. A contravention of Section 90, read with Section 1, 103, 117,120(1)(a), Section 121, read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2 000 and further read with Section 250 of the Criminal Procedure Act, 51 of 1977: Unlawful possession of ammunition. 176.3. Accontravention of Section 20(5)(a), read with Section 1, 103, 117, 120, Section 121, read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2 000, read with Regulation 21 of the Firearms of the Firearms Control Regulations of 2004 and further read with Section 250 of the Criminal ied in the Procedure Act, 51 of 1977: Failure to use a firearm only as spe licence. 176.4. A contravention of Section 20(1)(a), read with Section 1, 26(1)(e) and 38(3)(a) of Private Security Industry Regulation Act 56 of 2001, read with Section 19 and 28 of the Code of Conduct of Security Service Provider of 2004 and further read 103, 117, 120, Section 121, read with Schedule 4 and Section 151 of the Firearms Control Act, 60 of 2 000, read with Section 250 of the Criminal Procedure Act, 51 of 1977: Providing a firearm to another person not subjected to conditions as may be prescribed. 176.5. The applicant can be sentenced up to 15 years direct imprisonment when he is convicted on above mentioned charges. 177. It should be noted that accused 7, who is also charged in the racketeering prosecution, also faces similar charges in Bellville Regional Court. He was also arrested with accused 1 on charges of intimidation and extortion 178. It is clear that the members of the Modack enterprise abused the above- mentioned processes to illegally arm the members of the enterprise with firearms, under circumstances where they would normally not have qualified to be legally in possession of a firearm license. They would then carry these firearms on them when they allegedly extorted business owners. An affidavit as well as source information, indicates that the applicant was armed on several occasions when these extortion incidents on behalf of accused 1 occurred. 179. The applicant did obtain a firearm licence due to a fraudulent application, which is now being investigated. Once the investigation is complete, an application will be made to seize the applicant's firearm and he will then be charged for fraud and the illegal possession of a firearm. Rm Page 44g fae? — V.Ev.180. The National Task Team is currently investigating extortion and money laundering charges relating to money that was paid into and transferred out of the Empire Investment Cars’ bank account to the value of R12 987 900.00. The applicant is implicated in these crimes. Reasons for opposing bail: 181. Section 60(4)(a): Where there is the likelihood that the accused, if he or she were released on bail, endanger the safety of the public or any particular person or will commit a Schedule 4 offencs 60(5)(a): The degree of violence towards others implicit in the charge against the accuse. The applicant is charged with participating in the activities of an enterprise, gang related offences where the enterprise and he caused, brought about, promoted or contributed towards a pattem of criminal gang activity relating to the conspiracy to. murder W/O Nico Heerschap, Mr. William Booth and Mr. Andre Naude, the murder of Mr. Nicholas Heerschap and Mr. Richard Joseph and two counts of possession of firearms and two counts of possession of ammunition relating to the firearms that was used in the above mentioned attacks, The motive for the above-mentioned murders and attempted murders were that they were planned “hits”, similar to the murder of Lieutenant Colonel Kinnear. During these murders and attempted murders nothing was stolen from the victims, ruling out the possibility of a robbery. Gang members were recruited by the enterprise and the applicant, to execute these murders and attempted murders, they were also paid and rewarded for these crimes that they had committed by the enterprise and/or the applicant. Mr. Nicholaas Heerschap and Mr. Richard Josephs were shot several times in their heads, while sitting in their cars and died because of the fatal injuries. Lieutenant Colonel Kinnear was also shot and killed while sitting in his car in front of his house, nothing was stolen from him. The CCTV footage of the Heerschap and Kinnear murders shows that the shooter/s walked up to the vehicles, shot and killed the deceased and walked away.