By Lehlohonolo Lehana.
The suspended SA Police Services (SAPS) Gauteng Organised Crime Unit member Sergeant Fannie Nkosi case has been postponed and he will remain in custody.
Nkosi appeared before the Pretoria North Magistrate Court for a formal bail application.
He was arrested earlier this month by the police’s Madlanga Commission of Inquiry Task Team, following a raid at his home in Pretoria North.
He is facing multiple charges, including unlawful possession of explosives, three counts of failure to safeguard firearms, eight counts of failure to safeguard ammunition, and defeating the administration of justice.
During his appearance, Nkosi pleaded not guilty and told the court that he is married in a community of property with one child. His wife, Elizabeth Ntombizodwa Nkosi, born May 15, 1981, works as a traffic police officer.
“My wife and I have a child that was born out of our marriage, namely Ndomiso Sibonelo Nkosi, who was born on 3 January 2018.”
Nkosi said he and his wife own a home in Pretoria North, bonded for about R1.5 million, with monthly repayments of R7,500. Their assets, including household goods and a vehicle, are valued at more than R500,000.
He told the court he has no previous convictions or pending cases.
Nkosi said his family and friends are prepared to post bail of R10,000.
In an affidavit read into the record, Nkosi, through his lawyer, Advocate Sazi Dlali, strongly denied all charges against him and challenged the strength of the state’s case.
Dlali told the court Nkosi disputes claims that he failed to secure his firearms properly, maintaining that all weapons were legally owned and safely stored.
“He denies these allegations in the strongest terms. All the firearms that were taken by the police were licensed, and he was issued permits to lawfully possess them. Furthermore, all the firearms and ammunition were kept in a safe mounted in the wall of his house, in full compliance with the Firearms Control Act,”Dlali said.
Nkosi also rejected claims that firearms were found elsewhere in the house.
“He denies that there were any firearms found under a mattress, under the bed, or in a motor vehicle. He maintains that all the firearms seized by the police were inside the wall-mounted safe. He further contends that the state will not be able to prove that the safe was not compliant or that he contravened the Act in any way,”Dlali added.
On the charge of defeating the administration of justice, Nkosi argued that the case was unfounded and based on a misinterpretation of SAPS regulations. He also denied that stun grenade was found at his home.
Throughout the affidavit, Nkosi maintains that the charges are part of a broader effort to target him.
In response to Nkosi’s affidavit, the State said it has a strong case supported by evidence.
The investigating officer detailed how the raid uncovered several original dockets and copies, some dating back to 2016, that were never resolved.
The officer believes Nkosi kept these dockets to obstruct justice, including cases related to cash in transit, car hijackings and common robbery.
“The applicant has shielded serious criminals who are involved in violent crimes like cash in transit robberies with aggravating circumstances, instead of bringing them to court to account for their alleged wrongdoing. It will be a serious miscarriage of justice to afford bail to this applicant with this kind of character stated above. There is a real likelihood that he will interfere with investigations and the evidence indicates that the applicant is not working alone in defeating and obstructing the course of justice.”
His lawyer called the delay in Nkosi’s bail application an abuse of court processes. He also raised fears that he might be poisoned in prison. At the same time, he also flagged concerns over his health.
Magistrate Thandi Theledi said Nkosi will be kept in the general population, where safety will be ensured.
“I am not going to micromanage the prison and say somebody must go here or somebody must go there. They will assess the need, they will assess the possibility, and they will make their own decision,” she added.
Magistrate Theledi postponed proceedings to Monday, April 20.
Meanwhile the case against Mathipandile Sotheni was postponed to next Friday for a formal bail application, following a brief appearance in the Brakpan Magistrate’s Court on Monday.
Sotheni, a former member of the South African Police Service Special Task Force, faces serious charges including conspiracy to commit murder, attempted murder, and illegal possession of ammunition.
The charges relate to the killing of Marius van der Merwe, a witness who testified at the Madlanga Commission of Inquiry under the pseudonym Witness D.