The Pretoria High Court has dismissed a bail appeal by Sergeant Fannie Ezekiel Nkosi (43), who faces multiple charges including unlawful possession of explosives, firearms violations and money laundering. The court ruled that the Pretoria North Magistrates’ Court had been correct in denying him bail.

Judge Mosopa found that the magistrate had not erred in her decision and that bail was properly refused given the circumstances of the case.

Nkosi is charged with 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 install and maintain a stand-up safe in accordance with SABS 953-1/2 standards, theft and money laundering.

The arrest

According to the National Prosecuting Authority (NPA), police officials from a task team established following the Madlanga Commission received information about unlawful possession of ammunition at Nkosi’s residence. On 2 April, the task team executed a search warrant at his home in Pretoria North.

During the search, officers discovered firearms, ammunition, a stun grenade, South African Police Service (SAPS) dockets and other state-issued items at various locations on the premises. More than R50 000 in cash was found concealed beneath a mattress. Nkosi could not provide a satisfactory explanation for the origin of the money.

He was arrested and bail was denied by the Pretoria North Magistrates’ Court on 22 April.

State’s arguments

In opposing the bail appeal, the State, represented by Advocates Mphahlele and Sekhonyana, argued that the magistrate had properly exercised her discretion when refusing bail.

The State submitted that the magistrate had correctly considered several factors, including that Nkosi is a police officer with access to sensitive information and ongoing investigations, the seriousness of the offences, and the fact that he had access to substantial funds which he could not explain.

The State further contended that the magistrate had not misdirected herself on the facts or the law, nor had she exercised her discretion improperly. There was therefore no basis for the High Court to interfere with her decision.

Judge Mosopa agreed with the State’s submissions and dismissed the bail appeal.

The case will appear before the Pretoria North Magistrates’ Court on 16 July for centralisation of his cases.

The NPA welcomed the judgment as a reaffirmation of the principle that all persons, regardless of their position, are subject to the law.

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