Magistrate Thandi Theledi said Nkosi had failed to prove he would not interfere with the investigation or potential witnesses.
The Pretoria North Magistrates Court has rejected the bail application of South African Police Service (SAPS) member Sergeant Fanny Nkosi, accused of corruption.
Magistrate Thandi Theledi ruled that Nkosi failed to prove he would not pose a danger to others, avoid prosecution or interfere with the investigation and witnesses.
Nkosi, 43, is currently suspended from his post in the SAPS organized crime unit, and faces multiple charges including obstruction of justice.
Nkosi faces Schedule Five charges with an order that he must prove his release is in the interests of justice, with the magistrate saying he has failed to do so.
Nkosi will be remanded in custody until his next appearance on May 21, pending investigation.
Docket, Firearms and Ammunition
Nkosi faces charges relating to unlawful possession of explosive weapons, breach of the Firearms Act and unlawful possession of SAPS property.
Additionally, Nkosi was found to be in possession of police documents “inferred to defeat or obstruct the administration of justice”.
These dockets were found in the Wendy House located on Nkosi's property and related to cash-in-transit robberies and kidnappings, among others.
Officers executing a search and seizure warrant executed on 6 April found a stun grenade, licensed firearms and ammunition that had been improperly stored, as well as R52 700 in cash hidden in his sofa and wardrobe.
Nkosi's defense argued that he obtained the documents legally through his role in a special SAPS unit and that officers tampered with CCTV cameras during the raid.
Describing the firearms, ammunition and leg-irons belonging to the SAPS, Nkosi claimed that in the time between his suspension and the raid on his home he did not have enough time to return the items.
'Interests of Justice'
The magistrate said the decision not to grant Nkosi bail was not indicative of guilt, as that would be the remit of the trial court.
“This court is therefore concerned with whether the interests of justice permit the applicant to be released on bail,” Theledi said.
“In the circumstances, the court is satisfied that there is a real possibility that if the applicant is released, he may endanger the public safety or commit further offences.
“The seriousness of the offenses and the possibility of a substantial custodial sentence provide a strong incentive for the applicant to avoid trial,” Theledi said.
The magistrate said that his history as a police officer gave him knowledge of investigative procedures, and that he could reach “reasonable conclusions” as to the identities of the witnesses.
“There is a real possibility that the applicant may interfere with witnesses or tamper with evidence,” Theledi ruled.
Theledi said, “If released, there is a real possibility that the applicant could continue to undermine the proper functioning of the criminal justice system.”
Madlanga Commission
The magistrate said Prima facie The evidence gave the State a strong chance of success and claims that their decision was not related to media reports or public perceptions arising from Nkosi's presence at the Madlanga Commission of Inquiry.
Nkosi was at the center of testimony to the Madlanga Commission in recent days.
The commission looked at text messages sent between Nkosi and suspended Tshwane Municipality chief financial officer Gareth Mnisi.
The messages listed the names of several security companies involved in tender bids, which the Commission argued were requests for preferential treatment.
One of the security companies is owned by Nkosi's brother, with Mnisi denying in his testimony that his relationship with Nkosi was corrupt.
Nkosi himself was before the commission in March, where his links with suspended national deputy police commissioner Shadrack Sibiya were investigated.
Additionally, the commission questioned Nkosi over messages he sent to a different Tshwane official in the days following the murder of Oupa John Sefoka, widely known as DJ Sumbodi.
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