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Second blow for Fannie Nkosi as he loses bail appeal

Simon Majadibodu|Updated
High Court has denied Fannie Nkosi's bail appeal

High Court has denied Fannie Nkosi's bail appeal

Image: Oupa Mokoena / Independent Newspapers

Suspended Organised Crime Police Officer Sergeant Fannie Nkosi will remain behind bars after the Pretoria High Court denied his bail appeal. 

Nkosi was arrested on April 2 during a raid at his home in Pretoria North.

He faces multiple charges, including unlawful possession of explosives, three counts of failing to safeguard firearms, eight counts of failing to safeguard ammunition, defeating the administration of justice, failure to comply with firearm safe regulations, and theft.

Delivering the judgment, Judge Mokhine Mosopa said the Magistrate who denied Nkosi bail applied the law correctly.

“I see no need to interfere with the bail judgment of the court, as the magistrate did not exercise its discretion wrongly.”

“This appeal ought not to succeed. I make the following order: the appeal against the Pretoria North Magistrate Court's refusal to grant bail is hereby refused.”

Mosopa also said that Nkosi still failed to explain not returning police material during his suspension, and why large amounts of cash and ammunition were found during the raids on his home.

State prosecutor Trott Mphahlele previously told the court that more than R50,000 in cash was found at the property, while more than R300,000 allegedly passed through Nkosi's bank account despite him reportedly earning about R16,000 a month.

The state argued that Nkosi failed to provide a convincing explanation for the money, raising red flags about possible criminal conduct and deepening fears that he could interfere with evidence or witnesses if released.

Prosecutors also warned that Nkosi could manipulate police systems, tamper with documents, interfere with exhibits, or influence witnesses connected to the investigation.

However, the defence lawyer Hendrick Potgieter previously launched a fierce counterattack, accusing the lower court of failing to properly consider strict bail conditions that could secure Nkosi's release without compromising the case.

Potgieter argued that the state relied on speculation rather than evidence when claiming Nkosi posed a threat to the investigation.“The accused was short-changed during the bail proceedings,” Potgieter previously told the court.

Meanwhile, Nkosi is currently suspended from the South African Police Service’s (SAPS) organised crime unit and has also testified before the Madlanga Commission.

He was suspended on March 28.

He is also accused of acting as a middleman between alleged crime boss Vusimuzi “Cat” Matlala and senior police officers, according to the state.

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