By Johnathan Paoli
The Pretoria North Magistrate’s Court reserved its decision on Monday in the bail application of suspended SAPS organised crime unit sergeant Fannie Nkosi after hearing final arguments, setting the matter down for Wednesday.
Nkosi was arrested on 2 April after a raid at his Pretoria North home. He faces charges including theft, defeating the ends of justice, unlawful possession of explosives, and multiple counts related to the safekeeping of firearms and ammunition.
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Before the court turned to the substance of the bail bid, proceedings were briefly side-tracked by a clash over last week’s postponement.
Defence advocate Siza Dlali questioned why the matter had been delayed, while prosecutor Tholoana Sekhonyana said she had in fact been tied up in another criminal trial.
Magistrate Thandi Theledi declined to halt the proceedings, telling Sekhonyana: “I am not going to cast a stone and say that you are guilty of any misconduct or any misrepresentation.”
Dlali argued that the allegations before court should be assessed strictly within the limits of a bail hearing and not through the controversy surrounding the Madlanga Commission. “These charges have got nothing to do with what transpired at the Madlanga Commission,” he said. He added: “You should not treat this matter as if you are in a trial court.”
He also told the court there was no basis to conclude Nkosi would intimidate witnesses or interfere with the case if granted bail. Referring to the officers involved in the search and arrest, Dlali said: “It is my respectful view that there is no evidence that Nkosi will influence the members of the national task force who will be giving the evidence against him in the main trial.”
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The state opposed bail, arguing that Nkosi had not shown why his release would be in the interests of justice. Sekhonyana told the court: “These dockets were not allocated to [Nkosi] and no legitimate reason exists for him to be in possession of same.”
Police found state-owned ammunition, a hand grenade, six case dockets, cash and unsecured licensed firearms at his home during the raid.
Sekhonyana said the explosives charge placed the matter under Schedule 5, meaning the burden rested on Nkosi to satisfy the court that he should be released.
She argued that earlier discoveries of large amounts of cash at his premises, including R385,000 found in October 2025, counted against him, and described his conduct as “a pattern of deliberate and unlawful behaviour”.
She also warned that prison time would be a break from his current lifestyle, saying: “What is to be expected in prison is a far cry from the life of abundance that he is accustomed to.”
Nkosi previously testified before the Madlanga Commission, where he spoke about alleged links between police officials and suspected criminal figures.
But the charges now before the court stem from what was found during the search of his home, not from the commission testimony itself.
