Fannie Nkosi BAIL Denial reasons

Ajouté : 2026-05-27

[00:00:05]My lord, the lower court or the bail court dealt with this aspects.

[00:00:14]And on the aspect of um endangerment of public safety, that is section 60 subsection 4A.

[00:00:27]The appellant was found in possession of multiple firearms, large quantities of ammunition, and an explosive device, which is prohibited by the law.

[00:00:41]Loaded firearms were stored in an unsafe manner and not in accordance with the law in a household where there's a minor child.

[00:00:52]And therefore, that shows that the public safety uh there is a public safety uh danger that is associated with that or with his conduct.

[00:01:07]The bail court pronounced that or found that the appellant would be a danger to public safety if he were to be released on bail.

[00:01:24]My lords, I will come back just to touch on these aspects.

[00:01:29]Going into this third one in particular, interference with So, guys, things are not looking good for for Fani Khosa.

[00:01:40]Um and his his advocate or his attorney tried and put reasons to the court as to why he should be provided with with the with the bail. But one thing that I think was off was when he mentioned um Criminal Procedure Act 62, paragraph F, where he says that it allows for someone to be given a bail under supervision and stuff like that, but my understanding is that when you appeal, you're appealing something that you've already put through to the other court.

[00:02:15]So, you don't just come to a higher court and say this person didn't look into this fact, but that fact was not presented to that case to consider. I don't remember the fact of uh, Criminal Procedure Act 62, uh, paragraph F being presented or that option being presented, but now he comes to the High Court and then he blames the lower, uh, court for that, which is something that could also work against him, against him. So, now we're hearing now the, um, the state advocate opposing the bail, and then we see the judge making notes.

[00:02:50]You know what it means when the judge makes notes, right? So, let's listen in some more. with witnesses in terms of section 4, section 60 subsection 4C.

[00:03:03]The appellant's knowledge of the investigative methods and or procedures and access to police network as a police officer places him in a position where he's likely to interfere with witnesses.

[00:03:21]The appellant was found in possession of police docket and sensitive investigative material which creates a reasonable apprehension that he has the propensity to interfere with the witnesses investigations and evidence to be used against him.

[00:03:41]The appellant knows the identity for of all the witnesses and he's most likely to interfere with them. In Ritson case 671/01/2013 the appellant was in lawful possession of the docket and didn't send the suspect's fingerprints to the LCRC and as such defeating the ends of justice.

[00:04:04]The bail court correctly established that the appellant had the propensity to interfere with the with witnesses and in investigations.

[00:04:16]And I would like to talk to subsection 60 4D which pertains to undermining or jeopardizing the criminal justice system.

[00:04:29]The unlawful possession of police dockets relating to serious offenses.

[00:04:37]Yeah, guys, that's let's wrap it up there. It's it's clear that the verdict is not yet out, but it's it's quite clear that this guy is not getting any bail. Things are not good are not looking good for him. If he was to get bail, then I I would wonder, but yeah, it doesn't seem like he will be getting any bail.

[00:04:57]Unexplained possession of subs, ammunition, and equipment shows a pattern or conduct inconsistent with duties of a police officer.

[00:05:09]The bail court correctly found that if released on bail, the applicant may continue to undermine the proper functioning of the criminal justice system.

[00:05:19]The court established that the appellant had failed to provide any satisfactory assurance to the contrary.

[00:05:25]The onus was on the appellant to discharge this ground.

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