Pretoria High Court Dismisses Sergeant Fannie Nkosi’s Bail Appeal In Explosives And Theft Case

The Pretoria High Court has upheld a lower court ruling that denied bail to Sergeant Fannie Nkosi, who is facing multiple criminal charges, including possession of illegal ammunition and explosives, theft, and defeating the ends of justice.

Nkosi appeared before the High Court on Wednesday in an attempt to overturn a decision made by the Pretoria North Magistrate’s Court. In April, Magistrate Thandi Theledi found that he had not satisfied the court that he would refrain from endangering the public, interfering with witnesses or the investigation, or avoiding trial if released.

The police sergeant was arrested on 2 April by the task team investigating matters arising from the Madlanga Commission of Inquiry. His arrest followed testimony he gave before the commission as well as a search operation conducted at his Pretoria residence.

Pretoria High Court Upholds Bail Refusal For Fannie Nkosi

During proceedings on 26 May, Nkosi’s legal representative, advocate Hendrik Potgieter, argued that the magistrate had erred in both her interpretation of the facts and application of the law.

Potgieter maintained that the High Court had sufficient grounds to set aside the earlier ruling. He challenged the state’s position that Nkosi could interfere with evidence, police personnel, administrative systems, case files or exhibits if released on bail.

According to Potgieter, the prosecution had failed to present concrete evidence showing that such risks were likely.

Judge Mokhine Mosopa questioned the quantity of ammunition allegedly discovered during the search of Nkosi’s property.

“Why does he have to keep such a large amount of ammunition relating to the R5 rifle in his house? It doesn’t end there; only five [out of 62] of the ammunition found there were found to be police-issued. It means the rest were not police-issued,” commented the judge.

Potgieter responded by defending his client’s possession of the ammunition.

“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.

Fannie Nkosi Faces Additional Criminal Charges

While Nkosi remained behind bars, investigators attached to the Madlanga Commission of Inquiry added a further case against him earlier this month.

The new charges relate to allegations of defeating and obstructing the course of justice.

Prosecutors claim that in November 2022, a suspect was arrested for allegedly possessing dagga, unlicensed firearms and explosives. The state alleges that Nkosi later obtained the original case docket after claiming he had been instructed by head office.

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It is further alleged that months later he travelled to Thohoyandou, introduced himself as a colonel from head office and removed confiscated dagga from police custody.

Although the exhibit was reportedly booked in at head office, investigators later discovered that one of the bags containing the dagga had allegedly been tampered with.

Fannie Nkosi Court Case Set To Return In July

The state is seeking to combine the latest case with the existing matter before the courts.

Legal proceedings are expected to continue on 22 July, when the application to consolidate the cases will be considered.

Nkosi has denied all allegations against him. He continues to insist that the prosecution’s case against him is “weak”.