Rejecting Fannie Nkosi’s request, the North Gauteng High Court in Pretoria said the prison’s hospital wing was reserved only for inmates requiring medical care. Archive photo: Ashraf Hendricks
The North Gauteng High Court in Pretoria has refused Sergeant Fannie Nkosi’s application that he be held in the hospital wing of Kgosi Mampuru Correctional Facility instead of the general prison population.
Nkosi faces multiple charges, among them contravention of the Explosives Act, illegal possession of explosives, contravention of the Firearms Control Act, failure to safeguard firearms and ammunition, defeating the ends of justice by withholding case dockets and possession of proceeds of illegal activities.
Nkosi’s legal team asked the court to reaffirm what they described as a prior order allowing his detention in the hospital wing, arguing that he feared being poisoned in custody.
“He is concerned that he might be poisoned while he is in prison. In the hospital wing there are measures to prevent this,” his lawyers said.
But the court rejected the request, emphasising that the hospital wing was reserved for inmates requiring medical care.
“Placement of a prisoner in a prison hospital wing is reserved for detainees who require medical treatment, observation or nursing care. It is not designed to function as a form of protective custody in the absence of any medical necessity,” the magistrate said.
Although the state did not oppose the application, noting Nkosi’s disclosure that he was diabetic, the court found that insufficient.
“I don’t see a reason why a person must be kept in a hospital wing. It is reserved for people admitted as patients. Merely stating that the person is diabetic does not justify admission,” the magistrate said, adding that Nkosi’s fear of poisoning would not necessarily be mitigated by placement in the hospital wing.
Nkosi’s lawyers also argued for his release on bail, saying he did not pose a flight risk. They told the court he held a valid passport, which he was willing to surrender and that he had strong ties to the jurisdiction.
“There is nothing before the court to suggest the applicant will evade trial. He has a house valued at R1.5 million, a wife and a child within this court’s jurisdiction,” they said.
They also challenged aspects of the state’s evidence, including that of photographs of firearms and ammunition, presented in court.
“The photos have no dates and there is no indication of when they were taken. There is also no image of a hand grenade among the pictures,” the defence argued, noting that Nkosi disputed being in possession of explosives.
However, investigating officer Thembekile Matla, attached to the national task team probing the recommendations of the Madlanga Commission, opposed bail.
She said the seriousness of the charges and the possibility of a lengthy prison sentence of up to 15 years created a strong incentive for Nkosi to abscond.
“The applicant was found in possession of multiple firearms, large quantities of ammunition and an explosive prohibited by law,” Matla said.
“There is a likelihood that should he be released on bail, he may commit Schedule 1 offences,” the state submitted, citing previous seizures of cash valued at R385 070 in October 2025 and R52 700 in April 2026.
He added that the unsafe storage of a loaded firearm in a household where a minor resided demonstrated the danger posed by Nkosi’s conduct.
Police searches allegedly uncovered unsecured firearms and ammunition. More weapons were found in a safe. A revolver was also discovered under Nkosi’s mattress.
“Upon opening the unmounted safe, we discovered different calibres of firearms registered to the applicant,” Matla said.
The state further argued that Nkosi’s possession of sensitive investigative material raised concerns that he could interfere with evidence or investigations.
“The applicant has demonstrated the capability to shield dangerous criminals involved in cash-in-transit robberies,” Matla said, adding that he had failed to arrest suspects linked to a hijacking and that they remained at large.
The state said Nkosi might also face additional charges and could influence witnesses, whose identities he allegedly knew.
The case was postponed to 20 April, when the court is expected to deliver judgment on the bail application.
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