By Johnathan Paoli
The Gauteng High Court in Pretoria has dismissed suspended SAPS Organised Crime Sergeant Fannie Nkosi’s appeal against the refusal of bail, ruling that the Pretoria North Magistrate’s Court correctly found that his release would not be in the interests of justice.
Delivering his judgment on Wednesday, Judge Mokhine Mosopa upheld the earlier decision by magistrate Thandi Theledi, who denied Nkosi bail after finding that he had failed to prove he would not pose a danger to the public, evade trial, or interfere with the investigation and witnesses.
Nkosi faces charges including defeating the ends of justice, unlawful possession of ammunition and explosives, theft, failure to secure firearms and failing to protect ammunition.
“I see no need to interfere with the judgment of the bail court, as the magistrate did not exercise her discretion wrongly. This appeal ought not to succeed. The appeal against the Pretoria North Magistrate Court refusal to grant bail is hereby refused,” Mosopa said.
A key issue before the court was whether Nkosi’s release would undermine public confidence in the criminal justice system and disturb public peace and security.
Mosopa agreed with the lower court’s findings, noting the seriousness of the allegations against a police officer.
He also rejected arguments by Nkosi’s advocate, Hendrik Potgieter, that the magistrate had improperly relied on public opinion in refusing bail.
“The applicant is a member of the SAPS and the allegations against him involve serious misconduct and abuse of office. The release of the applicant in these circumstances would likely undermine public confidence in the criminal justice system.
“While this court does not rely on media narratives, the objective seriousness of the allegations and the applicant’s position are sufficient to conclude that his release will disturb public order,” he said.
Mosopa highlighted evidence presented during the bail proceedings regarding ammunition, cash and police equipment allegedly found in Nkosi’s possession.
“The fact that he is a police officer and abuses trust. This is against the backdrop that the police officer keeps a large amount of unexplained cash. He keeps unlawful ammunition. There is also a firearm register where there is no evidence that such has been reported to the SAPS,” he said.
The court heard that approximately 490 rounds of ammunition of various calibres were allegedly found in Nkosi’s possession.
According to the judgment, additional ammunition was later returned to SAPS, including R5 rifle ammunition issued to him during his service.
Potgieter contended that the magistrate had erred in both fact and law and that the High Court should overturn the ruling.
He disputed the significance of the ammunition discovered during the search of Nkosi’s home.
“With the number of firearms that the appellant has registered to his name, 400 rounds of ammunition is not a large quantity. He’s a licensed gun owner. The firearms and ammunition were seized by the police; they’re no longer in his possession. So, the reason that he would place society in danger does not exist any more because they were taken by the police,” Potgieter said.
But Mosopa was unconvinced, finding that the magistrate had properly considered all relevant evidence and legal principles.
Nkosi will remain in custody. His next appearance in court is set for 22 July.
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