Court reserves judgment in Fannie Nkosi’s bail appeal

Judgment in the bail appeal of disgraced South African Police Service (SAPS) Organised Crime Sergeant, Fannie Nkosi, has been reserved by the Pretoria High Court.

The Pretoria North Magistrate’s Court denied Nkosi bail earlier this month, weeks after he was arrested in April during a search-and-seizure operation at his Pretoria North home, days after testifying before the Madlanga Commission.

The defence spent most of Tuesday’s proceedings presenting arguments in Nkosi’s absence.

Nkosi is currently being held at the Kgosi Mampuru Correctional Facility on charges including the unlawful possession of explosives, failure to safeguard firearms and ammunition, defeating the ends of justice, theft, and failing to install a compliant firearm safe.

Presiding Judge, Papi Mosopa, said he would consider legal representations before handing down judgment in the appeal.

Defence attorney, Advocate Hendrick Potgieter, argued that it was unfair for the State to assume Nkosi would obstruct justice by using his police connections, saying his position as a law enforcement officer does not automatically imply abuse of power.

Potgieter said Nkosi should be given the opportunity to demonstrate his willingness to comply with trial proceedings while on bail.

He further argued that all alternatives to detention should be considered before the bail appeal is denied, adding that sufficient evidence existed to justify Nkosi’s release, evidence he claimed the magistrate’s court allegedly disregarded.

Potgieter also told the court Nkosi had never attempted to manipulate legal proceedings, pointing to his appearance before the Madlanga Commission, where he faced extensive cross-examination over allegations of procurement irregularities.

However, Judge Mosopa, said the defence could not compare proceedings before the commission with those of the High Court, noting they are distinct legal processes.

The judge also pointed out that the argument did not appear in Nkosi’s affidavit.

Potgieter further defended the discovery of R52,000 in cash in Nkosi’s possession, saying his client had every right to carry cash despite earning significantly less.

The defence also accused Pretoria North Magistrate, Thandi Theledi, of taking an unnecessarily harsh stance against Nkosi and disputed allegations that a stun grenade had been found in his possession.

But State prosecutor, Advocate Wickson Trout Mphahlele, strongly opposed the defence’s claims, insisting the explosive device was recovered in the bar area of Nkosi’s home.

Mphahlele presented a photo exhibit of the alleged stun grenade before the High Court and argued that the device had been improperly stored, along with firearms and ammunition reportedly found at the property.

He also defended the State’s decision to prosecute Nkosi over six police dockets, allegedly found in his possession, claiming some had been left gathering dust in a Wendy house while investigations were supposedly ongoing.

Mphahlele further alleged that one of the dockets discovered had disappeared from police custody in 2016.

He added that another docket originating from SAPS headquarters, which allegedly went missing in 2022, was also found in Nkosi’s possession.

Mphahele said officers responsible for the matter do not recollect authorising Nkosi to handle the file.

The prosecutor described Nkosi as a danger to the public, telling the court that police found an explosive device, large quantities of ammunition and multiple firearms during the raid at his home.

One of the firearms was allegedly discovered hidden beneath his son’s mattress.

Mphahlele argued that Nkosi’s access to police systems and knowledge of investigative procedures placed him in a position to interfere with witnesses and jeopardise the investigation if released on bail.

The State also raised concerns over used cartridges allegedly found in Nkosi’s possession, saying he failed to provide an adequate explanation for them during the raid.

Mphahlele argued that Nkosi’s appeal should be dismissed, adding that despite earning a salary of R16,000 a month, he could access additional funds to obstruct justice if granted bail.

Written by: Odirile Rabalao