A scathing bail judgment against Sgt Fannie Nkosi lays bare a case that goes to the core of policing, with the court finding his release would not be in the interests of justice.
In a detailed 15-page ruling, magistrate Thandi Theledi, who previously handled the case of self-proclaimed prophet Shepherd Bushiri and granted him R200,000 bail after which he fled the country, refused Nkosi bail on Wednesday and set out why he must remain in custody.
The judgment starts by outlining Nkosi’s profile as a suspended police officer facing serious charges before the Pretoria North magistrate’s court.
A key part of the state’s case is what investigators allegedly found during a search of Nkosi’s home. These included a stun grenade, several firearms that were not safely secured, ammunition, a SA Police Service (SAPS) leg iron, cash hidden under a mattress, and many closed dockets linked to serious and violent crimes.
Theledi then dealt with both versions before court, weighing the defence’s denials against the state’s claims.
“The state disputes these assertions and contends the applicant abused his position to unlawfully obtain sensitive police dockets and store them for criminal purpose, to obstruct or defeat the administration of justice,” Theledi said.
She also referred to Nkosi’s appearance at the Madlanga commission, where it was alleged he acted as a middleman between senior police officials and criminal networks said to have infiltrated the justice system.
However, Theledi made it clear her decision was based only on the evidence before court.
“The court considers it necessary to emphasise that these bail proceedings are not concerned with public perception, media narratives or matters ventilated outside the evidential record before court,” she said, adding the issue was whether Nkosi had shown his release would be in the interests of justice.
On the charges, her findings were direct. She said Nkosi failed to give a credible explanation for having the grenade, firearms and ammunition.
“His bare denials of possession of a stun grenade, in the face of photographic evidence, lack credibility.
“In these circumstances, the court is satisfied there exists a real likelihood that the applicant, if released, may endanger the safety of the public or commit further offences,” Theledi said.
She found the seriousness of the charges gave Nkosi a strong reason to avoid trial and that he had not shown he would stand trial.
Theledi also focused on the risk of interference with investigations, pointing to the closed dockets found on the property, which appeared to have been stored or hidden there.
According to Theledi, these showed access to sensitive police information, including witness identities and investigative plans, raising concerns Nkosi could interfere with the case.
Taken together, she said, there was a real likelihood he could obstruct the investigation if released.
The court also looked at what it described as a pattern of conduct, including the alleged unlawful possession of police equipment and dockets, which she said pointed to a willingness to undermine the law.
Public confidence was also considered, with Theledi saying the matter has received wide attention and Nkosi’s release could weaken trust in the justice system.
She said the state has a strong case against him.
“Firearms and ammunition were found at the applicant’s residence. They were not properly stored and secured in accordance with the Firearms Control Act.
“A stun grenade was also found in contravention of the provisions of section 6,” she said.
In deciding whether bail should be granted, Theledi pointed to what she described as a serious breach of trust, namely a police officer, already suspended, found with official equipment and closed case dockets.
“The court further finds the applicant failed to discharge the onus, which rests on him in terms of section 60 of the Criminal Procedure Act.
“The interests of justice do not permit the release of the applicant on bail. The application is therefore dismissed,” she said.
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