By Lehlohonolo Lehana.
The Gauteng High Court in Pretoria has dismissed SAPS Sergeant Fannie Nkosi’s appeal against the refusal of bail, ruling that the lower court correctly found that his release would not be in the interests of justice.
In January, Nkosi was identified as a possible wrongdoer by the Madlanga Commission of Inquiry’s first interim report and was arrested this month following a raid at his home.
“It is alleged that police officials attached to a task team emanating from the Madlanga Commission of Inquiry acted on information regarding the unlawful possession of ammunition at the accused’s residence.”
“On 02 April, the task team executed a search warrant at Nkosi’s home in Pretoria North. During the search, police discovered firearms, ammunition, a stun grenade, South African Police Service dockets, and other state-issued items at various locations on the premises.”
“A substantial amount of cash, exceeding R50 000, was also found concealed beneath a mattress. The accused was unable to provide a satisfactory explanation for the origin of the money. He was subsequently arrested.”
Nkosi faces multiple charges, including unlawful possession of explosives; three counts of failure to safeguard firearms; eight counts of failure to safeguard ammunition; defeating the administration of justice; failure to mount a stand up safe as per the SABS 953-1/2, theft and money laundering.
He had challenged a lower court ruling refusing him bail, arguing that the legal provisions governing bail applications had not been properly applied.
However, the court found that the magistrate correctly considered and applied the relevant bail legislation.
Delivering the judgment, Judge Mokhine Mosopa said: “I see no need to interfere with the judgement of the bail as the magistrate did not exercise her 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.”
The court also rejected Nkosi’s claim that his constitutional right to be presumed innocent until proven guilty had been infringed.
The prosecutorial body – which opposed Nkosi’s bail application – welcomed the decision of the court. Nkosi will remain in custody. His next appearance in court is set for 22 July 2026.