The streets of Cape Town are safer with Nafiz Modack and his crew behind bars.
This was according to senior State prosecutor Esna Erasmus, who strongly opposed bail in closing arguments in the Western Cape High Court on Wednesday.
Controversial businessman Modack, Colin Booysen - brother of suspected Sexy Boys gang leader Jerome “Donkie” Booysen - Ashley Fields, Jacques Cronjé and Carl Lakay are currently applying for bail in an intimidation and extortion case linked to a violent takeover of the Cape Town nightclub security business.
The five were arrested on 15 December after allegedly trying to extort R369 000 from The Grand Africa Cafe and Beach near the V&A Waterfront last year.
They are expected to hear whether or not they will be granted bail on 28 February.
Modack and Cronjé have also been bust in a case involving the owner of a larney Sandton jol.
They are set to appear in a court in Alexandria, Johannesburg, on Monday.
In court this week, Erasmus said since Modack started his bid to take over the Cape Town nightclub scene, “havoc” has spread across the Western Cape and innocent people have died.
“Since the arrest of the accused on 15 December, the attacks and chaos have actually stopped in the CBD and patrons and people have returned to the clubs to enjoy the nightlife,” she said.
“This is a clear indication that this group before the court is responsible for the havoc.”
She said, for Modack “intimidating people and threatening people seems to be a way of life. That is the way he does business”.
Modack and Cronjé are more likely than the other three accused to try and intimidate witnesses, she said.
“It is evident that the three other accused (Booysen, Lakay and Fields) are just pawns in the hands of accused number one (Modack). The State believes the accused, and particularly Modack and Cronjé, will try to threaten and interfere with witnesses and try and evade the trial, and attempt to destroy evidence.
“It is my submission that should they be released on bail, it will indeed disturb the public order and undermine public peace and security into the Cape Town CBD.”
She asked for bail to be refused all of the accused.
Modack’s lawyer, Advocate Edwin Grobler, said Erasmus was making all sorts of accusations including that Booysen is a notorious gangster and murderer.
“Why have they not been charged yet? The answer is obvious. There is no evidence,” said Grobler.
Modack’s advocate, Dirk Uijs, said neither the crime of intimidation nor the crime of extortion was committed by any of the accused.
He said The Grand was still using the services of The Security Group (TSG), the security company the accused were allegedly linked to.
Advocate Bruce Hendricks, for Booysen, addressed the issue of his client being called a gangster and a murderer.
“There is no evidence of gang activity and [investigating officer Charl] Kinnear confirmed under oath that my client is not a gangster and [brother] Jerome not even a party to these proceedings.”