Western Cape High Court Grants Kindles to Accused in VAT Fraud Trial
Who Are the Accused?
Businessman Nafiz Modack and his associate Faried van der Schyff are facing a massive case that includes about 700 charges. The allegations range from VAT fraud and forgery to involvement in a criminal enterprise that allegedly cost the South African Treasury over R46 million.
What Is the Case About?
Between 2011 and 2015, prosecutors say Modack controlled a network of 24 companies and trusts that filed false VAT returns with the South African Revenue Service (SARS). Van der Schyff is said to have handled the tax paperwork for those entities, submitting most of the returns that led to the alleged fraud.
Modack is also linked to the murder of anti‑gang unit detective Charl Kinnear, adding a violent dimension to the proceedings.
Why Did They Ask for Kindles?
The state’s evidence is huge. Printed, it would fill more than 60 file folders—about 20 300 pages. In digital form, the documents take up roughly 2.3 GB.
Reading and searching through that amount of paper would be impractical for the defendants, especially while they are detained. Their lawyers requested Kindles (e‑readers) so they can:
- Access all case documents electronically.
- Search for specific terms quickly.
- Prepare instructions for counsel without flipping through stacks of paper.
Security Concerns Raised by Prison Authorities
The Department of Correctional Services initially rejected the request. Their main worries were:
- Kindles have Wi‑Fi capability, which could be misused if security controls were bypassed.
- Allowing internet access inside a detention facility could pose a risk.
How the Court Addressed Those Concerns
Justice Mark Sher examined the situation and noted that the National Prosecuting Authority (NPA) had already installed parental‑control software on the devices. This software blocks internet access and disables Wi‑Fi.
The judge concluded that, with those controls active, the Kindles pose no security threat and are a reasonable tool for trial preparation.
What the Court Ordered
Effective 12 February 2027, Modack and van der Schyff will receive:
- Two Kindles.
- Protective cases, charging cables, and chargers.
The devices will be stored safely by the Director of Public Prosecutions until the day before they are needed. On court days (Monday‑Friday, 8 a.m.–9 p.m.; Saturday, 8 a.m.–1 p.m.) the Kindles will be brought to the courtroom in locked lockers.
How This Helps the Trial Process
By using the Kindles, the defendants can:
- Review the same electronic evidence that prosecutors will present on laptops and courtroom monitors.
- Mark passages, add notes, and instantly locate relevant sections.
- Communicate more efficiently with their legal team, reducing the chance of missing important details.
Justice Sher emphasized fairness: if the state and the judge rely on electronic tools, the accused should have comparable access.
Conclusion
The Western Cape High Court’s decision allows Nafiz Modack and Faried van der Schyff to use Kindles for trial preparation, balancing the need for thorough defense preparation with strict security measures. This move aims to level the playing field in a case that involves an enormous volume of documents, ensuring both sides can work with the same modern tools.
