Nkosi’s bid to have charges dropped fails as State prepares 15 witnesses

Detained former SAPS Sergeant, Fannie Nkosi’s, bid to have the charges against him reviewed, reduced or thrown out has been unsuccessful, leaving he matter set to proceed to trial next year.

The setback follows the unsuccessful outcome of his written representations he submitted to the Director of Public Prosecutions (DPP), in which he sought to have the charges reconsidered.

Nkosi made a brief appearance on Thursday before the Pretoria North Magistrate’s Court, where the next steps in his criminal case were outlined.

The former police sergeant is accused of defeating the ends of justice after allegedly impersonating a senior police officer from Pretoria and interfering with evidence at the Thohoyandou Police Station in Limpopo in 2022.

He faces a further charge of defeating the ends of justice linked to a police task team’s raid at his Pretoria North property.

Investigators reportedly recovered firearms, illegal ammunition, official police dockets and a substantial amount of cash during the raid.

Additional charges, including theft and fraud, were subsequently added.

While awaiting the outcome of his representations, Nkosi resigned from the South African Police Service (SAPS) on 23 October.

Sources close to the investigation suggest he had been considering leaving the service for some time, particularly following his testimony before the Madlanga Commission of Inquiry.

Magistrate Pieter Nel has scheduled 28 January 2027 for Nkosi’s return to court for pre-trial proceedings.

“There were representations made to the Director of Public Prosecutions. The proceedings were unsuccessful. Your trial will proceed and the first date is on 28 January 2027,” Magistrate Nel said.

While the trial is still months away, the State is already preparing its case.

Prosecutor Trot Mpahlela informed the court that eight trial days have been secured, divided into two separate blocks.

Mpahlela clarified that Nkosi’s January appearance will be strictly for pre-trial proceedings, with the first block of trial dates scheduled from 12 to 15 April 2027.

The second block will follow from 3 to 6 May 2027.

The State intends calling approximately 15 witnesses to testify, although Mpahlela cautioned that the final number could change as the proceedings unfold.

Meanwhile, there has also been a change in Nkosi’s legal corner.

His former attorney, Katlego Malewa, informed the court that he was withdrawing from the matter, with Advocate Hartley Ngoato taking over the representation.

Ngoato indicated that the defence had no objection to the postponement until January and confirmed that the allocated trial dates were suitable.

“Your worship I confirm the date of the pre-trial that has been set for 28 January 2027 and I further confirm that the dates of the trial are suited on 12 to 15 April and the date of the 3rd of May to 6 May 2027,” Advocate Ngoato said.

The proceedings also revealed differing accounts over how the legal relationship between Nkosi and Malewa came to an end.

While Malewa confirmed that he was withdrawing from the case, Nkosi told the court that he had not terminated the attorney’s services, insisting that Malewa had made the decision to withdraw.