The Pretoria North Magistrate’s Court has postponed the case against Sergeant Fannie Nkosi at the request of the state.
Nkosi returned to court on Thursday, where he was meant to appeal the denial of his bail. The court denied him bail last month. The court heard that Nkosi had changed his legal representatives, who will now take over the case.
“Your Worship, as at the last appearance that this matter was before the court, when bail was denied, we advised the client that a different court could have come to a different conclusion in respect of granting him bail. And we advised that he ought to appeal the decision of that court because, in our arguments, in the interest of justice,” said Advocate Sizo Dlali.
“Your worship, I would like to come to a point that says we, after putting up the advice, the client did not give us the instruction to proceed with the appeal of the bail refusal. And it is for that reason that today our intention was to make an application to this court to withdraw from this matter with that firm that had filed the notice to appeal to come onto the record and to seek to centralise the matters. So I am led to understand that we would be coming to court to withdraw, because a different firm that filed the notice of appeal would come on the record and proceed with the matter.”
Nkosi’s case postponed
Further, the state requested a postponement to centralise the two cases against Nkosi.
Last week, the Madlanga Commission of Inquiry’s Recommendations Investigative Task Team brought additional charges of defeating and obstructing the course of justice against Nkosi.
On 10 November 2022, a suspect was arrested for possession of dagga, unlicensed firearms and explosives.
Following the arrest, Nkosi allegedly fetched the original case docket under the pretence that he had been sent by the head office. A few months later, he allegedly returned to Thohoyandou, identified himself as a colonel from head office, and removed the confiscated dagga from police custody.
He booked the exhibit at the head office, but it was later discovered that one of the exhibit bags containing the dagga had allegedly been tampered with.
The state now seeks to combine the two cases.
“I would like to request a postponement for the following reasons. The accused has a case in Venda, Thohoyandou, where he will be appearing on 16 July. It is the state’s intention to apply for centralisation in that matter in Thohoyandou to be joined to the one here. And for these reasons, the state is requesting a postponement until 22 July for purposes of centralisation,” said the prosecutor on Thursday.
The court granted the postponement.
Nkosi has denied all charges against him.
