By Johnathan Paoli
The Pretoria North Magistrate’s Court has denied bail to suspended SAPS Gauteng organised crime unit sergeant Fannie Nkosi, finding that his release would not be in the interests of justice.
Delivering the ruling on Wednesday, Magistrate Thandi Theledi said that Nkosi had failed to discharge the onus required in a Schedule 5 bail application, and ordered that he remain in custody until 21 May, when the case returns to court.
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“This court has carefully balanced the applicant’s constitutional rights, his personal circumstances, the presumption of innocence, and the interests of justice. The court finds that the applicant has failed to discharge the onus which rests on him. The interests of justice do not permit the release of the applicant on bail,” Theledi said.
Nkosi faces charges including theft, defeating the ends of justice, unlawful possession of an explosive device, and contraventions relating to firearms and ammunition.
In her ruling, Theledi questioned Nkosi’s credibility and conduct, particularly his handling of police-issued equipment after his suspension.
“The applicant’s case is characterised by bad denials and unsubstantiated assertions,” she said.
Nkosi was arrested on 2 April after a second raid on his Pretoria North home, where investigators found six police dockets, state ammunition, several firearms and other police items.
Some of the dockets related to serious and violent crimes, including cash-in-transit robbery and hijacking cases, and several firearms were allegedly not stored in compliance with the Firearms Control Act.
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Theledi found that Nkosi’s conduct was inconsistent with that expected of a police officer and said that his release could undermine the criminal justice system and public confidence.
“The applicant is a police officer who was, by his appointment as a police officer, placed in a position of trust…an abusive position of trust aggravates bail considerations,” she said.
“The allegations against him involve serious charges and abuse of office. His release would undermine public confidence in the justice system,” she said.
Theledi also raised concern about Nkosi’s possession of the police dockets after his suspension, describing it as a serious breach of trust.
“The applicant was found in possession of dockets. The applicant’s explanation that he obtained them lawfully is unsubstantiated. There is a likelihood he will tamper with investigations and witnesses,” Theledi said.
She concluded that Nkosi had failed to provide satisfactory explanations for his possession of the police equipment, ammunition and documents.
In October last year, police reportedly recovered a credit card belonging to tenderpreneur and alleged underworld figure, Vusimusi “Cat” Matlala, along with more than R385,000 in cash, during a first raid.
At the bail hearing on Monday, defence advocate Siza Dlali argued that Nkosi’s continued detention was unjustified, emphasising the presumption of innocence.
He also dismissed attempts to link the bail application directly to proceedings before the Madlanga Commission, where Nkosi has been implicated in allegations involving organised crime and a multibillion-rand tender scandal.
Prosecutor Tholoana Sekhonyana opposed bail at Monday’s hearing, arguing that Nkosi posed a danger to public safety and could interfere with witnesses and evidence.
Nkosi was remanded in custody.
