NPA welcomes High Court decision to dismiss Fannie Nkosi bail appeal
The National Prosecuting Authority has welcomed the Pretoria High Court’s decision to dismiss suspended SAPS Organised Crime Unit officer Fannie Nkosi’s bail appeal, saying the ruling affirms the strength of the State’s case.
Nkosi had approached the High Court to overturn an earlier decision by the Pretoria North Magistrate’s Court, which denied him bail on the basis that his release could jeopardise the investigation.
Delivering judgment on Wednesday, the High Court found that the lower court did not err in refusing bail, agreeing with the State’s arguments that Nkosi poses a potential flight risk and could interfere with the administration of justice.
Speaking outside court, National Prosecuting Authority (NPA)spokesperson Lumka Mahanjana said the ruling reinforces the State’s position.
"As the NPA welcomed the ruling by the High Court, which upheld the decision of the lower court to keep, to deny Sgt. Nkosi bail. The High Court found that the lower court did not err in their decision to deny Nkosi bail, in actual fact, agreeing with the state that indeed Nkosi is a flight risk."
Mahanjana added that the court placed significant weight on Nkosi’s failure to provide credible explanations for key evidence found in his possession.
READ: Fannie Nkosi loses High Court bid to overturn bail denial
"Some of the parts of Judge Mosopa's ruling were that this was still unexplained or there was no plausible explanation given until this point. About the ammunition, the dockets, and large amounts of cash that were found inside Mr. Nkosi's home."
According to the NPA, the court agreed that these factors justified the decision to deny bail in the interest of the community.
"His finding that that would be reason enough for the lower court to have found that, you know, had he been granted bail. In fact, that bail had been denied in the interest of the community."
She further noted that the High Court reaffirmed that the lower court acted correctly in its ruling.
"The court said even now there was no explanation for the money and the things that were found in his place. Hence, the High Court agreed with the lower court that the lower court did not err in its judgment or in its ruling to deny Nkosi bail. And that in fact was an agreement with our argument at the state."
Nkosi, who has been in custody for more than two months, faces multiple charges, including unlawful possession of ammunition and explosives, as well as allegations of interfering with police investigations.
The State has also indicated that additional charges, including fraud, theft, and defeating the ends of justice, may be added.
Mahanjana said the NPA would now shift its focus to trial preparations.
"We welcome this ruling. We can now concentrate on preparing for our case since the matter is coming back on the 16th of July,” she said.
Nkosi remains behind bars as he awaits his next court appearance.
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