The Pretoria North Magistrate’s Court has reserved judgment in the bail application of suspended police officer Sergeant Fannie Nkosi, with a ruling expected on Wednesday.
Nkosi continued his bid for release on bail on Monday, as his defence and the state presented opposing arguments over whether he should remain in custody pending trial.
Advocate Sizo Dlali, representing Nkosi, argued that granting bail would serve the interest of justice, maintaining that the court should not be influenced by external factors or unrelated controversies.
“It is not for this court to deny Mr Nkosi his freedom but for the trial court. Considering the circumstances, it is in the interest of justice for Mr Nkosi to be released on bail.
“They are also trying to connect Mr Nkosi’s arrest to what happened at the Madlanga commission; this has got nothing to do with that.
“These charges have nothing to do with that. This court should not concentrate on the noise.”
Dlali further contended that there was no evidence Nkosi had attempted to interfere with the case since his arrest, including influencing senior officials.
“He currently doesn’t have access to police information. The witnesses in this case are Task Force members, and I respectfully believe he will not seek to influence them.”
Possession of ammunition
According to the defence, the charges against Nkosi relate primarily to the unmounting of a safe and the possession of ammunition and not to more serious allegations such as drug trafficking or links to criminal cartels.
“The state is trying to influence this court with what is happening outside this court. He is not being charged with association with cartels.
“Mr Nkosi’s access card was taken away, and when he was suspended, he was informed he should not go to the office; hence, he could not hand back what he had in his house.
“What was in his possession was the ammunition legally issued to him and the dockets because he was working on them.”
Dlali also dismissed concerns that Nkosi posed a danger to law enforcement officers involved in his arrest.
“This notion that he will tamper with investigations or evidence—there is no evidence to suggest so.”
However, state prosecutor Tholoana Sekhonyana opposed the bail application, arguing that the case against Nkosi was strong and that he posed a significant flight risk.
“The evidence against him is overwhelming. This provides an opportunity for him to skip bail and evade trial. He is faced with a 15-year sentence.
“He would evade trial at any costs. Even if he paid bail, it would be paid with the proceeds of crime. He might opt to live a life of a fugitive. He is a flight risk.”
Sekhonyana further submitted that Nkosi had failed to demonstrate why he should be granted bail.
Search and seizure operation
Nkosi was arrested following a search-and-seizure operation at his home, where R50 000 in cash was discovered.
He faces multiple charges, including three counts of failure to secure firearms, eight counts of failing to safeguard ammunition, defeating the ends of justice, and failure to properly mount a safe.
In an affidavit previously read in court, Nkosi indicated that he intends to plead not guilty to all charges.
He also denied allegations that he violated the Firearms Control Act, despite police claims that seven licensed firearms belonging to him were found at various locations in his home and vehicle, four in a safe, one between a mattress, one under a bed, and another in his car.
Nkosi’s name has also surfaced in connection with the Madlanga Commission, where he was allegedly implicated as a middleman for senior South African Police Service officials in dealings with cartel figures.
The defence has rejected any link between those allegations and the current charges before the court.
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- The Pretoria North Magistrate’s Court reserved judgment on suspended police officer Sergeant Fannie Nkosi's bail application, with a ruling expected Wednesday.
- Nkosi’s defence argued bail is in the interest of justice, emphasizing no evidence of interference with the case or links to external controversies like the Madlanga Commission.
- The defence stated charges relate mainly to possession of ammunition and failing to secure firearms, denying involvement in more serious crimes or danger to law enforcement.
- The state opposed bail, asserting strong evidence against Nkosi, a significant flight risk, and concerns that bail money might be proceeds of crime.
- Nkosi faces multiple charges following a search at his home that found cash and firearms, and he intends to plead not guilty, denying violations of the Firearms Control Act.
Advocate Sizo
"It is not for this court to deny Mr
"
"
"He currently doesn't have access to police information.
"
"Mr
"What was in his possession was the ammunition legally issued to him and the dockets because he was working on them."
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However, state prosecutor
"
"He would evade trial at any costs. Even if he paid bail, it would be paid with the proceeds of crime. He might opt to live a life of a fugitive. He is a flight risk."
He faces multiple charges, including three counts of failure to secure firearms, eight counts of failing to safeguard ammunition, defeating the ends of justice, and failure to properly mount a safe.
In an affidavit previously read in court,
He also denied allegations that he violated the Firearms Control Act, despite police claims that seven licensed firearms belonging to him were found at various locations in his home and vehicle, four in a safe, one between a mattress, one under a bed, and another in his car.
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