The Pretoria North Magistrate’s Court has denied the bail application of corruption-accused South African Police Service (Saps) member Sergeant Fannie Nkosi. Magistrate Thandi Theledi ruled that Nkosi had failed to prove that he would not pose a danger to others, evade prosecution or interfere with investigation and witnesses. The 43-year-old Nkosi is currently suspended from his position at Saps’ Organised Crime Unit, and faces multiple charges, including the obstruction of justice.
The schedule five charges Nkosi is facing mandate that he prove that his release is in the interest of justice, something the magistrate stated he had failed to do. Nkosi will be remanded in custody until his next appearance on 21 May, with investigations to continue. Dockets, firearms and ammunition Nkosi faces charges related to the unlawful possession of explosive munitions, contravention of the Firearms Act and the unlawful possession of Saps property.
Additionally, Nkosi was found in possession of police dockets that gave “rise to an inference of defeating or obstructing the administration of justice”. The dockets were found in the wendy house on Nkosi’s property and related to, among other, cash-in-transit heists and hijackings. Officers effecting the search and seizure warrant issued on 6 April found a stun grenade, licenced firearms and ammunitions that were improperly stored, as well as R52 700 in cash concealed in his couch and cupboards Nkosi’s defence argued that he obtained the dockets lawfully through his role at a specialised Saps unit and that officers tampered with CCTV cameras during the raid.
In explaining the firearms, ammunition and leg-irons belonging to Saps, Nkosi claimed that he did not have enough time to return the items in the time between his suspension and the raid on his home. ‘The interests of justice’ The magistrate stated the decision to not grant Nkosi bail was not an indicator of guilt, as that would be the purview of the trial court. “This court is therefore concerned with whether the interests of justice permit the release of the applicant on bail, or not,” said Theledi.
“In these circumstances, the court is satisfied that there exists a real likelihood that the applicant, if released, may endanger the safety of the public or commit further offences. “The seriousness of the offences and the potential for a substantial custodial sentence provide a strong incentive for the applicant to evade trial” said Theledi. The magistrate added that his history as a police officer gave him knowledge of investigation processes, and the “reasonable inference” that he could access the identities of witnesses.
“There exists a real likelihood that the applicant may interfere with witnesses or tamper with evidence, released,” Theledi ruled. “If released, there is a real likelihood that the applicant may continue to undermine the proper functioning of the criminal justice system,” stated Theledi. Madlanga Commission The magistrate said the prima facie evidence gave the state a strong chance of success and asserted that her decision was not concerned with media reports or public perceptions arising from Nkosi’s appearance at the Madlanga Commission of Inquiry.
Nkosi was central to testimony being given to the Madlanga Commission in recent days. The commission viewed text messages sent between Nkosi and suspended Tshwane municipality Chief Financial Officer Gareth Mnisi. The messages list the names of several security companies involved in tender bids, which the commission argued were requests for preferential treatment.
One of the security companies is owned by Nkosi’s brother, with Mnisi denying throughout his testimony that his relationship with Nkosi was corrupt. Nkosi himself was before the commission in March, where his relationship with suspended national deputy police commissioner Shadrack Sibya was scrutinised. Additionally, the commission questioned Nkosi over messages he sent to a separate Tshwane official in the days after the murder of Oupa John Sefoka, widely known as DJ Sumbody.
