Shooter testifies about cop's father being killed in error 'on Modack's orders'

A self-confessed hitman has testified about a botched assassination of a pensioner instead of a former Hawks officer who was the intended target.

“Mr A” was giving testimony on Tuesday in the Cape Town high court trial of alleged underworld figure Nafiz Modack and his co-accused, who face a raft of charges including murder, attempted murder, intimidation and kidnapping.

Nicolaas Heerschap, 74, the father of former W/O Nico Heerschap, was fatally shot in the driveway of their Melkbosstrand home in July 2019.

Mr A was sentenced to 20 years in jail in 2022 after entering into a plea and sentencing agreement for the murder. He is testifying against Modack and the other accused as a state witness.

According to Mr A’s testimony, the murder was intended to be a hit on the detective and was ordered by Modack. 

He testified Mario Petersen had briefed him about the hit and who to hire as the shooter.

He and Petersen allegedly met at the Terrible West Siders headquarters in Woodstock. He was instructed to wait at the premises with Riyaat Gesant. After a while Petersen and Fagmeed Kelly returned with a black Mercedes-Benz which was later parked at a location near a BP garage. He said Brown and Ziyaad Poole picked them up in a black Ford Fiesta.

Judge Robert Henney asked the witness how he knew Poole. He said he wasn't as familiar with him as his friends from the Terrible West Siders gang but knew him in passing.

Mr A said Brown had said they would receive a bulletproof car and vests for the job the next evening, July 9 2019, and R60,000 would be given to the gang.

He would be the main shooter and Brown his backup.

The firearms they used were his two .38 revolvers purchased from someone in Mitchells Plain.

On the day of the job, he said Petersen picked him and Brown up at their homes with the Mercedes-Benz. They wore blue reflective overall clothing and took the revolvers with them.

The court heard that Petersen was driving the vehicle, Kelly sat in the passenger seat while Brown and Mr A were at the back as they drove towards Heerschap's home in Melkbosstrand.

Mr A and Brown got out of the vehicle. Mr A fired shots at the driver's window while the car was reversing out of the driveway.

Mr A said after they fled the scene the “murder bothered him” and he asked his friend to search on social media if any recent deaths were reported. The friend told him a news article stated Heerschap's father had been killed.

Brown received a call from “the boss” saying the man who was shot was misidentified.

Mr A said he asked who the boss was and when they would receive payment. Brown told him the boss was Modack.

He said Poole came to the gang's headquarters a few days later with money in a shopping bag. It was R25,000, which was split between Mr A, Brown, Gesant, Kelly and Petersen. Mr A questioned when they'd receive the outstanding payment and Brown said it would be received later.

The trial continues.

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