Suspended police officer Fannie Nkosi told the Pretoria North Magistrate’s Court he earns R16,500 a month and dismissed the charges against him as fabricated during his bail application.
Image: Oupa Mokoena / IOL Graphics
Suspended police officer Sergeant Fannie Nkosi has told the Pretoria North Magistrate’s Court that he earns R16,500 a month and can afford bail of R10,000.
Nkosi returned to court on Monday for a formal bail application.
The National Prosecuting Authority (NPA) intends to oppose his release.
The 42-year-old was arrested on April 2 during a raid at his home in Pretoria North.
He is currently suspended from the South African Police Service’s (SAPS) organised crime unit and has also testified before the Madlanga Commission.
He was suspended on March 28.
During his initial court appearance last week, the court heard that police allegedly found more than R50,000 hidden under a mattress, along with firearms, explosives and other items.
Nkosi faces multiple charges, including unlawful possession of explosives, three counts of failing to safeguard firearms, eight counts of failing to safeguard ammunition, defeating the administration of justice, failure to comply with firearm safe regulations, and theft.
He is also accused of acting as a middleman between alleged crime boss Vusimuzi “Cat” Matlala and senior police officers, according to the state.
Presiding magistrate Thandi Theledi heard Nkosi’s affidavit, presented through his lawyer, Siza Dlali.
In his affidavit, Nkosi said he does not understand the charges against him.
“I fail to understand how I could be charged with defeating the ends of justice, theft, possession of unlicensed ammunition and possession of stun grenades,” he said, adding that the charges were “fabricated” and intended to frustrate him.
He told the court he is a South African citizen, born on September 11, 1982, and has lived in the country his entire life.
“I regard South Africa as my permanent home and have no intention of relocating to another country,” he said.
Nkosi said he is married in community of property and has one child.
His wife, Elizabeth Ntombizodwa Nkosi, was born on May 15, 1981, and works as a traffic police officer.
"My wife and I have a child that was born out of our marriage relationship, namely Ndomiso Sibonelo Nkosi, who was born on 3 January 2018.”
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 said he has no previous convictions and no other pending cases.
Addressing the charges, Nkosi denied failing to properly store firearms, saying all weapons found at his home were licensed and secured.
“All the firearms and ammunition in my possession were kept in a safe mounted in the wall for safekeeping,” he said.
“I deny that any firearms were found under a mattress, in a bed or in a motor vehicle.”
He also rejected allegations of defeating the ends of justice, saying he complied with the terms of his suspension and was never instructed to return all ammunition issued to him.
“The allegation that I obstructed the ends of justice is unwarranted, as I did not engage in any conduct that would defeat or obstruct the administration of justice,” he said.
Nkosi said he was suspended on March 28, and immediately handed in his service firearm, access card, appointment certificate and laptop.
He added that he was barred from entering police premises or contacting witnesses.
Nkosi further denied allegations of theft involving police dockets, saying they were in his possession as part of his duties in a national task team dealing with cash-in-transit heists and violent crime.
“I did not steal these dockets, nor did I defeat the ends of justice,” he said.
Nkosi also rejected the allegation that a stun grenade was found at his home, calling the charge “fabricated”.
Addressing his travel history, Nkosi said he last left South Africa in 2012 when he travelled to Botswana and has not travelled abroad since.
“I only left the Republic of South Africa in 2012 to visit Botswana, and I have not travelled again since,” he said.
He added that he obtained a second passport for an official police trip to Italy, but the trip did not take place.
“The second passport was issued for an official trip to Italy, which was later cancelled,” he said.
Nkosi told the court his passports are already with the investigating officer and said he is willing to comply with any bail conditions, including not applying for new travel documents.
“I have friends, family and occupational ties to this jurisdiction and will not evade trial,” he said.
He added that the potential sentence, if convicted, was not severe enough to justify fleeing.
Nkosi said his family and friends are prepared to post bail of R10,000.
The court briefly adjourned and was expected to resume at noon.
However, the State requested more time to respond, saying it had only received Nkosi’s affidavit on Monday morning.
Magistrate Theledi ruled that proceedings would continue at 2pm, when the State is expected to present its response before a decision on bail is made.
simon.majadibodu@iol.co.za
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