IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF ……………………………….

HELD AT ……………………………………….

CASE NO:

In the Matter between:

STATE

And

____________________ Accused

AFFIDAVIT IN SUPPORT OF BAIL APPLICATION

I, the undersigned

____________________________

Do hereby declare and state under oath as follows, after the following has been
explained to me by my Attorney:
 This is a schedule 5 Bail application and there rests a burden of proof on me
to prove to the Court that my release on bail is in the interest of justice, my
failure to do so will lead to refusal of bail;
 I have a right not to incriminate myself and anything I testify in the
application for bail may be used against me in the trial of this matter. I
choose to apply for bail by way of submitting this affidavit and not verbally
testifying;
 There rests a duty on me to reveal all of my previous convictions and pending
matters to the court and my failure to do so will constitute a criminal offence.

1.

I am the accused and Applicant in this matter. I am an___________________ aged

____, with the following personal particulars:

1.1 Date of birth: ________________

1.2 Citizenship: South African

1.3 My home address is ________________________________ and I have been

residing here for _________________. I reside in the property with
_______________________________________________________________

1.4 I do not reside with or very close to the Complainant and the Complainant
and our relationship to each other is ________________________________
______________________________________________________________

1.5 I have no passport or any other travel document allowing me to travel

outside of the country in my possession and have never applied for the issue
of any such document.

1.6 I have never travelled or lived anywhere outside of RSA.

1.7 I have no relatives residing outside RSA.

1.8 I own no assets, which include assets which are situated outside of the
borders of RSA.

2.

With regard to my personal background I would like to place the following

information before the Court:

2.1 I am currently __________________________________________________

_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

2.2 I am __________________________________________________________
2.3 I have the following Dependants:
_______________________________________________________________
_______________________________________________________________

2.4 I am able to afford an amount of R____________ in bail money.

2.5 ______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

3.
In so far as my history is concerned, I can state the following:
3.1 I have the following previous convictions:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

3.2 There are the following pending cases against me:

_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

4.
As to the arrest and factual background in this particular case, I wish to state the
following:

4.1 I was arrested on the _________________, and I have been in custody since
then.

4.2 Offences charged with:

_______________________________________________________________
 _______________________________________________________________
_______________________________________________________________

4.3 I currently intend to plead not guilty to the above charges and wish not to
disclose my defense to the charges at present.

5.
I humbly submit further the following factors to be considered in deciding whether
bail should be granted:

5.1 I hereby undertake not to endanger the public or individual safety of anyone,
should I be released on bail.

5.2 I am prepared to stand trial. I confirm that, should I be released on bail, I

will not attempt to evade my trial. I will attend Court on every date required
of me by the Court.

5.3 I undertake not to interfere with any evidence to be presented in my trial and
I undertake not to contact any of the witnesses in this matter pending
finalization of the case.

5.4 I undertake not to commit any further offence, should I be released on bail,
and I undertake to abide by any condition imposed by the Court.

6.
I respectfully submit that my release on bail is in the interest of justice due to the
following reasons:

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

7.

I respectfully request the Court to grant bail to me in an appropriate amount and

with such conditions attached as the Court may deem fit.

SIGNED AT ………………………… ON THIS _____ DAY OF ___________________2017.

_______________________
SIGNATURE
THUS SIGNED and SWORN before me at _________________________
this _____ day of 2017, the Deponent having:

a) acknowledge that he/she knows and understands the contents thereof;

b) confirmed that he/she has no objection to taking the prescribed oath;

c) confirmed that he/she considers the prescribed oath as binding on

his/her conscience.

COMMISSIONER OF OATHS