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IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF BETHLEHEM

HELD AT BETHLEHEM

CASE NO: B85/2017

In the Matter between:

STATE

And

NTSOTSO JAMES MOFOKENG Accused

AFFIDAVIT IN SUPPORT OF BAIL APPLICATION

I, the undersigned

NTSOTSO JAMES MOFOKENG

Do hereby declare and state under oath as follows, after the following has been
explained to me:
 This is a schedule 6 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 and
also that exceptional circumstances for my release on bail exist in my case,
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 adult male aged 54, with
the following personal particulars:
1.1 Date of birth: 07/01/1964

1.2 Citizenship: South African

1.3 My home address is 8945 Egypt, Bethlehem and I have been residing here for
10 years. I reside in the property with my wife and children.

1.4 I do not reside with or very close to the Complainant and the Complainant is
not related to me or well known to me.

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 employed at Voortrekker High School, Bethlehem, as a driver


and I earn R 2 800.00 per month.

2.2 I am married.

2.3 I have the following Dependants: My wife and 2 children, aged 27 and 16
years.
2.4 I am able to afford an amount of R500.00 in bail money.

2.5 I had no formal school education.

3.

In so far as my history is concerned, I can state the following:

3.1 I have no previous convictions.

3.2 There are no 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 11 July 2017 and I have been in custody since then.

4.2 I am charged with one count of Rape of a minor child.

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 the following exceptional circumstances exist in my case,


permitting my release on bail and rendering it in the interest of justice that I be
released on bail:

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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 BETHLEHEM ON THIS _____ DAY OF ___________________2017.

_______________________
SIGNATURE

THUS SIGNED and SWORN before me at BETHLEHEM this _____

day of , 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