Nafiz Modack. Pic: Indpendent Newspapers
Cape Town - The wife of alleged underworld kingpin, Nafiz Modack, is set to approach the Muslim Judicial Council (MJC) of South Africa to obtain a divorce after he allegedly refused.
In an exclusive interview with the Cape Argus, the legal representative of Rehana Ismail, 41, said that Modack has refused her request for a talaq [divorce] in terms of her Islamic Rights.
Speaking to the Cape Argus following a visit to Goodwood Prison on Thursday, attorney Bruce Hendricks, said Ismail was left disappointed at the refusal for the divorce.
“My client and I visited her husband at Goodwood Prison on Thursday to request a talaq. This was refused by Mr Modack who declined her request and insisted an imam be brought to the prison.”
Hendricks said the couple have been married for 14 years, however, Modack has been in incarceration for three years since his arrest for the murder of slain Anti-Gang Unit (AGU) detective, Charl Kinnear.
Modack, who is currently on trial at the Western Cape High Court, is set to face two more high court trials once the first is completed.
If found guilty, he could spend a lengthy time in prison as he faces an array of charges ranging from murder and money laundering to defrauding SARS and the Central Firearm Registry.
Hendricks said Ismail will return to the prison next week in the hopes of obtaining a talaq before the couple’s wedding anniversary on December 27.
“We will go back with an imam as requested. If there is a second refusal we will approach the MJC to assist her in following the formal process for the divorce in terms of Islamic Rights. At this stage she would not like to divulge her reasons for seeking the divorce.”
Ismail was catapulted into the limelight when Modack presented civil court proceedings into the murder trial, listing her name as part of his defence.
Following a gentlemen’s agreement between the State and defence lawyer Advocate Bash Sibda, Ismail’s name was not mentioned in the press.
Following Modack’s introduction of court papers listing Ismail’s name from the South Gauteng High Court, Judge Robert Henney ruled that he would not make an order prohibiting the use of Ismail’s name in the press.
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