Fannie Nkosi remains in jail after bail application rejected

Sergeant Fannie Nkosi’s bail application was dismissed by the Pretoria magistrate’s court on Wednesday after he was found in possession of a stun grenade, firearms, live ammunition and R52 700 cash. 

The magistrate said Nkosi failed to prove that he would not evade trial and that it would not be in the public interest to have him released. “The release of the applicant in these circumstances would likely undermine public confidence in the justice system,” said the magistrate. 

The magistrate previously rejected Nkosi’s request to be detained within the hospital wing of Kgosi Mampuru Correctional Facility, disputing his fears of poisoning. 

Nkosi’s notable media attention garnered by his appearance at the Madlanga commission was excluded from the court’s bail consideration, the court noted. The magistrates’ determination was limited to whether the contents found in Nkosi’s residence contravened the Criminal Procedure Act.

The court rejected Nkosi’s bail application after he was found in possession of a prohibited explosive and case dockets and for failing to properly store firearms and live ammunition. 

“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 magistrate said. 

Nkosi – previously designated Witness F- has provided key testimony at the Madlanga commission, revealing multiple connections between Vusimuzi “Cat” Matlala and various police officials. 

He was implicated this week in a R2.9 billion tender-rigging scandal, where he requested the chief financial officer of the City of Tswane, Gareth Mnisi, to favour various private security companies for the contract. 

The court noted that Nkosi partially complied with his suspension in March to return state property but withheld case dockets. 

A discrepancy was discovered when Nkosi returned 70 rounds of R5 SAPS-issued live ammunition, whereas he was given 60 rounds. An additional 86 rounds of various live bullets were found at his residence. 

In his bail application, Nkosi argued that he did not have sufficient time to return the state property and that dockets found at his house were lawfully obtained as part of his participation in a South African Police Service (SAPS) “special task force”. 

He denied being in possession of a stun grenade, besides photographic evidence. Nkosi alleged the SAPS tampered with the CCTV footage at his residence before the search. 

“Explanations by the applicant lack detail and collaboration,” the magistrate said. “He has remained silent and offered no explanation on the issue of the cash amounting to R52 700 that was found in his possession, some of it stuffed under a mattress. He offered no explanation at all.”

The magistrate further noted that the “state’s allegation that the dockets were held for criminal purposes is at this stage not convincingly rebutted” and “that the dockets were obtained lawfully is unsubstantiated”.

“The state’s case is prima facie strong. Firearms and ammunition were found at the applicant’s residence. They were not properly stored and secured in accordance with the provisions of the Firearms Controls Act of 2000. 

“A stun grenade was also found in contravention of the provisions of section 6 of the Explosives Act 26 of 1956. Possession of dockets and SAPS equipment is admitted,” said the magistrate. 

The court highlighted the seriousness of the offences and the possibility of a lengthy sentence as a strong incentive to evade trial. 

“The applicant has not placed sufficient evidence before this court to demonstrate that he will stand trial,” said the magistrate. 

The court stated that if released, Nkosi would likely tamper with both witnesses and case dockets.  

The magistrate granted the state prosecutor’s request for six weeks to prepare their case. Nkosi’s court date is set for 21 May.