TECHNIQUES IN TRIAL
ANDLITIGATION –
TLI4801
Assignment 02: 816946
1|Page
,Question 1
1. Violent will be charged with a Schedule 5 offence Which is:
- Attempted Murder involving grievous bodily harm
- Culpable homicide
- Assault
- Rape
2. Bail Application in terms of Section 60(11) of the Criminal procedure Act 51 of
1977
Section 60(11) of the Criminal procedure act provides is not withstanding any
provision of this Act, Where an accused is charged with and offense referred to –
a) In Schedule 6, the court shall order that the accused be detained in custody until
he or she is dealt with in accordance with the law, unless the accused, having
been given a reasonable opportunity to do so, adduces evidence which satisfies
the court that exceptional circumstances exist which in the interests of justice
permit his or her release;
b) in Schedule 5, but not in Schedule 6, the court shall order that the accused be
detained in custody until he or she is dealt with in accordance with the law,
unless the accused, having been given a reasonable opportunity to do so,
adduces evidence which satisfies the court that the interests of justice permit his
or her release
The legislation indicates that on certain circumstances the onus will be on the accused
during the bail application. The crime committed will need to be identified first, whether
it would be a schedule 5 or 6 offence. For a schedule 6 offences, the accused has to
adduce evidence to satisfy the court that exceptional circumstances exist for the court
to permit his release on bail. For schedule 5 offences, the accused has to adduce
evidence to satisfy the court of his release.
The Witness reports on the case all points to the accused (violent) being the one
responsible for the death of the victim (Victim skepsel), he has been arrested by the
police for the crime.
1|Page
, IN THE REGIONAL COURT FOR THE REGIONAL COURT OF GAUTENG
HELD AT PRETORIA
In the matter between:
THE STATE
Vs
Violent Mashaya
STATEMENT IN TERMS OF THE PROVISIONS OF SECTION 60(11)
OF THE CRIMINAL PROCEDURE ACT, 51 OF 1977
Do hereby make oath and state:
1. I am an adult male and a South African citizen with identity number 8712 2352
47087.
2. I am the Applicant in this application in which I seek relief from this Honorable
Court to be released on bail. I respectfully submit, as I will demonstrate herein,
that the interests of justice permit my release on bail. In any event, the dictates
of fairness and justice in view of the peculiar facts herein warrant that I should
not be deprived of my liberty and that I should be released on bail
3. I make this affidavit of my own free will and have not in any way been unduly
influenced to depose thereto.
4. The facts herein contained, save where expressly indicated to the contrary,
are within my personal knowledge and belief, and are both true and correct
2|Page
ANDLITIGATION –
TLI4801
Assignment 02: 816946
1|Page
,Question 1
1. Violent will be charged with a Schedule 5 offence Which is:
- Attempted Murder involving grievous bodily harm
- Culpable homicide
- Assault
- Rape
2. Bail Application in terms of Section 60(11) of the Criminal procedure Act 51 of
1977
Section 60(11) of the Criminal procedure act provides is not withstanding any
provision of this Act, Where an accused is charged with and offense referred to –
a) In Schedule 6, the court shall order that the accused be detained in custody until
he or she is dealt with in accordance with the law, unless the accused, having
been given a reasonable opportunity to do so, adduces evidence which satisfies
the court that exceptional circumstances exist which in the interests of justice
permit his or her release;
b) in Schedule 5, but not in Schedule 6, the court shall order that the accused be
detained in custody until he or she is dealt with in accordance with the law,
unless the accused, having been given a reasonable opportunity to do so,
adduces evidence which satisfies the court that the interests of justice permit his
or her release
The legislation indicates that on certain circumstances the onus will be on the accused
during the bail application. The crime committed will need to be identified first, whether
it would be a schedule 5 or 6 offence. For a schedule 6 offences, the accused has to
adduce evidence to satisfy the court that exceptional circumstances exist for the court
to permit his release on bail. For schedule 5 offences, the accused has to adduce
evidence to satisfy the court of his release.
The Witness reports on the case all points to the accused (violent) being the one
responsible for the death of the victim (Victim skepsel), he has been arrested by the
police for the crime.
1|Page
, IN THE REGIONAL COURT FOR THE REGIONAL COURT OF GAUTENG
HELD AT PRETORIA
In the matter between:
THE STATE
Vs
Violent Mashaya
STATEMENT IN TERMS OF THE PROVISIONS OF SECTION 60(11)
OF THE CRIMINAL PROCEDURE ACT, 51 OF 1977
Do hereby make oath and state:
1. I am an adult male and a South African citizen with identity number 8712 2352
47087.
2. I am the Applicant in this application in which I seek relief from this Honorable
Court to be released on bail. I respectfully submit, as I will demonstrate herein,
that the interests of justice permit my release on bail. In any event, the dictates
of fairness and justice in view of the peculiar facts herein warrant that I should
not be deprived of my liberty and that I should be released on bail
3. I make this affidavit of my own free will and have not in any way been unduly
influenced to depose thereto.
4. The facts herein contained, save where expressly indicated to the contrary,
are within my personal knowledge and belief, and are both true and correct
2|Page
