IN THE MAGISTRATES COURT FOR THE DISTRICT OF JOHANNESBURG

HELD AT BOOYSENS

Case no:
In the matter between:

Applicant

and

THE STATE Respondent

AFFIDAVIT IN SUPPORT OF BAIL APPLICATION

I, the undersigned,

hereby declare under oath as follows:

1.

I am the Applicant in the abovementioned matter, an adult male aged with the following
personal particulars and background:
1.1 Identification no.:
My Identification number is: , a copy of my
Identification document is attached hereto as annexure “ZY1”

1.2 Date of birth:

I was born on the day of .

1.3 Citizenship:
I am a citizen of the .

1.3.1 Travel documents:

I am in/not possession of a Passport. I am prepared to hand over my passport,
should same be required.

1.3.2 Previous travel or residence in foreign countries:

1.3.3 Relatives resident outside RSA:

1.3.4 Assets outside the RSA:

I do not have assets outside the borders of the Republic of South Africa.

1.4 Personal background:

1.4.1 Place of birth:

I was born in , in the Republic of .

1.4.2 Schooling:
1.4.3 Tertiary or other training:
I enrolled at the where
I had obtained

1.4.4 Work history:

1.4.5 General remarks regarding background and permanency:

I have been permanently resident in the Republic of South Africa for the past
years. I have strong economical, emotional and social ties in the Gauteng
area and I have no intention of relocating my place of residence anywhere else.
My children also school in Gauteng.

1.5 Current Status:

1.5.1 Address:
I reside at Johannesburg.
I have been staying at this address since . Proof of my
residence is attached hereto as annexure “ ”and/or handed same to the state.

1.5.2 Marital status and general particulars of spouse:

1.5.3 Dependants:
I have children that are completely dependent on
me, aged . My
children reside with me and have been residing with me from birth.
 1.5.4 Occupation

1.5.5 Other sources of income

I do not have any other sources of income.

1.5.6 Income from occupation

I earn approximately per month/week/day as my net
salary.

1.5.7 Assets:
(Movable, immovable and saving, etc.):

I do not own any immovable property to the value of .

I do/do not own furniture to the value of.

1.5.8 Availability and sources of funds for bail:

I can afford to pay bail in a reasonable amount of )
readily available for the purpose of bail, but should the court decide otherwise I
will try by all means to raise fund.

2.

History of anti-social behaviour:

2.1 Previous convictions:

I have no previous convictions.

2.2 Pending criminal cases:

 I have no pending criminal matters.

2.3 Outstanding warrant(s)

I have no outstanding warrant.

2.4 Protection Order

I have no protection order

3.

Arrest and factual background thereto:

3.1 Date of arrest:

I was arrested on the _______________________.

3.2 Offences charged with:

I was informed that I am charged with
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.

3.3 Intended plea:

I intend to plead not guilty.

3.4 Defence:
I have been informed of my right to remain silent at this stage and not to disclose the
basis of my defence. Understanding that, I however wish to state that I deny all the
allegations levelled against me and reserve the right to respond to whatever allegations
the State may make during these bail-application proceedings.
 4.

Submissions regarding factors to be considered when deciding whether bail should be

granted:

4.1 Schedule of Criminal Procedure Act 51/1977 matter resorts under:

I have been advised that the offence that I am being charged with falls under
______________of the Criminal Procedure Act 51 of 1977 (the “Criminal Procedure
Act”).

4.2 Considerations in terms of section 60(4) (a) to (e):

I am further advised that in considering whether to grant an application for bail, the court
will consider the relevant factors in Section 60(4) of the Criminal Procedure Act with
which I briefly deal with below.

4.2.1 Section 60(4) (a) - Danger to public or individual safety:

I respectfully submit that my release on bail will not endanger any person’s
safety. I harbour no resentment against any particular individual or the public in
general. I have no history of violence.

4.2.2 Section 60(4) (b) - Likelihood of evasion of trial:

I respectfully submit that this likelihood does not exist, in view of my personal
profile as set out herein above. I do not wish to evade my trial and live the life of
a fugitive and I do not have the means, financial or otherwise, to live the life of a
fugitive. I will stand my trial with a view to clearing my name of any alleged
wrongdoing as I wish to remain in the Republic of South Africa.

4.2.3 Section 60(4) (c) - Interference with witnesses or evidence:

 There is no likelihood of me interfering with the witnesses in this matter. I
undertake not to interfere with any of the State witnesses even if their identity is
known to me. I have no access to evidentiary material held by the investigating
officer.

4.2.4 Section 60(4) (d) - Jeopardy to functioning of criminal justice system or bail
system:
Given all of the above considerations, I submit respectfully that I pose no danger
to the functioning of the criminal justice system or the bail system. I have not
furnished any false information for purposes of this application or after my arrest.

4.2.5 Section 60(4) (e) - Exceptional circumstances (presence or absence) which

may lead to undermining public order or peace:
I am advised that this section is not applicable to my matter.

4.2.6 Other relevant factors to be considered by the court:

I respectfully submit that the interests of justice permit my release on bail and that
I am therefore entitled to be admitted to bail. I am also willing to abide by any
condition the Court may deem fit to impose.

5.

In the premise and taking into consideration the relevant schedule the charges resort under, I
submit with greatest of respect to the above honourable that the court should grant bail to me in
an appropriate amount and with such conditions attached as the court may deem fit.

_____________________________
DEPONENT
SIGNED AND SWORN TO BEFORE ME AT JOHANNESBURG ON THIS
____________________________________________ the deponent having declared that the
deponent knows and understands the contents of this affidavit and that it is true and correct. I
further certify that the Regulations as contained in Government Notice No R1258 dated the 21 st
of July 1972 as amended have been complied with.

__________________________
COMMISSIONER OF OATHS
Full names:
Capacity:
Address: