IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF FREE STATE
HELD AT BLOEMFONTEIN
Case number: 20/566/2023
In the matter between;
TOMAS WOODS APPLICANT
And
THE STATE RESPONDENT
___________________________________________________________________
SWORN AFFIDAVIT IN SUPPORT OF BAIL APPLICATION
I, the undersigned,
Mr TOMAS WOODS
do hereby make under oath and state;
1. I am an adult male of 46, a South African citizen, residing at 30 Victoria Road,
Bloemfontein, Free State. Affidavit by Kabelo Setona (land landlord)
confirming my address Attached and marked as “TW1”.
2. I am the Applicant in this matter in which I seek relief from this Honorable Court
to be released on bail.
3. I respectfully submit, I will demonstrate herein, that the interest of justice permits
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.
5. I made this affidavit on my own free will and have not in any way been unduly
influenced to depose thereto.
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6. The facts herein contained, save where expressly indicated to the contrary, are
within my personal knowledge and belief, and are both true and correct.
AD APPLICATION IN TERMS OF SECTION 60 (11) (b) OF ACT 51 OF 1977 (“the
Act”).
7. The purpose of this affidavit is to provide the above Honourable Court with my
personal circumstances and to address the allegations levelled against me (in so
far as they are known to me), as well as to address the factors to be considered
by the above Honourable Court as contained in Sections 60 of the Act.
8. I have been advised and I understand that I bear the burden to show that the
interest of justice permit my release on bail.
MY PERSONAL CIRCUMSTANCES.
9. My highest level of education is Standard 10.
10. I own Immovable property situated at 15 van Wyk Street, Kroonstad.
11. I also own movable assets in South Africa, which consist of the following: My
clothing, the bed that I sleep in and ordinary basic furniture in my room. These
might seem small, but they mean a lot to me as it is the very assets that I can
afford to own in my life.
12. I am currently travelling salesman, with a monthly income of R50 000.00.
13. I am currently supporting the following persons, namely:
13.1. Daniel Woods, a 19 year old.
13.2. Cathline a 20 year old
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14. The above persons depended on me, and my further detention will prejudice their
wellbeing in general and especially their education as they are both still at
University.
15. I am in possession of a valid passport which I can hand it over to the state given
the order of this honourable court.
16. I do know where the complainant and/or witnesses reside.
17. I am married since the year 2000.
MERITS
My legal representatives have explained the provisions of Section 60 of the Act to
me.
18. I have been informed that I am accused of having committed the offence of
18.1. Assault with the intent of causing Gross Bodily Harm
18.2. Attempted murder
19. The aforesaid allegations are noted.
20. I am advised that I do not have to deal with the merits of the case for purposes
of the bail application.
21. In order to persuade the above Honourable Court that I should be released on
bail, I provide the following additional facts and information in terms of Section
60 of the Act.
AD SECTION 60(4)(a), READS WITH SECTION 60(5) OF THE ACT
22. I submit that my release on bail will not endanger the safety of the public.
23. I will obey the bail conditions by this honourable, and I will not commit any
schedule 1 or further offences upon my release.
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24. My criminal profile show that I was never accused or suspected to have
committed any criminal offence.
AD SECTION 60(4)(b), READS WITH SECTION 60(6) OF THE ACT
25. I respectfully submit that I do not constitute a flight risk.
26. I will stand my trial should it proceed against me. I am a law-abiding citizen and
there is no possibility that I will even think of not standing my trial.
27. I trust the South African legal system.
28. I was born and raised in Kroonstad, and I am currently residing in Bloemfontein
for work related reasons.
29. My Family, dependents and friends reside within the Free State only my sister,
whom I occasionally visit, who is residing in United State.
30. My children are currently studying at the University of Free State.
31. I commit that I will never evade criminal proceedings until the finalisation of this
matter.
AD SECTION 60(4)(c), READS WITH SECTION 60(7) OF THE ACT
32. I have never attempted, directly or indirectly, to contact known potential
witnesses after the alleged commission of the offence for which I have been
arrested for.
33. I am not sure which witnesses the State will rely upon to attempt to prove its case
against me. Nonetheless, I undertake not to communicate with any witness,
whoever he or she may be, and any other persons whose names may appear on
a list of “State witnesses”, to be provided by the State.
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34. I have no knowledge of any evidentiary material which may exist with regards to
the allegations levelled against me. In any event, I believe that whatever such
evidence may be, it is in the possession of the police; it is safely secured, and I
do not have access thereto. I undertake not to interfere with any further
investigations.
35. My continued incarceration can only prejudice me and creates no benefit to the
State.
AD SECTION 60(4)(d), READS WITH SECTION 60(8) OF THE ACT
36. I have provided the state with my personal information during the time of my
arrest, and I have included my information in this affidavit.
37. I am not serving a sentence; I am only in custody for the charges against me on
this case.
38. The is no evidence led before this honourable court which indicates previous
failure to comply with bail conditions on my side or I will not comply with Bail
conditions.
AD SECTION 60(4)(e), READS WITH SECTION 60(8A) OF THE ACT
39. I do not foresee a possibility that my release on bail will induce community
outrage.
40. I do not foresee a possibility that my release will lead to public disorder.
41. I do not fore see any possibility that my safety will be jeopardized should I be
released.
42. I do not foresee possibility that my release will undermine or jeopardized the
safety and the security of the members of the public.
AD SECTION 60 (9)
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43. The period for which I have already been in custody since my arrest and to be
brought before the above Honourable Court to apply for Bail is 1 week.
44. The time period in which this case might be concluded would totally not be in the
interest of justice to retain me in custody.
45. During my stay in custody, I have suffered fa big financial loss as the nature of
my job is based on the sales that I make for that particular month
46. I do not have any health issues diagnosed by a medical practitioner.
47. Owing to my detention, I could not work and be in a position to provide for my
children and/or family.
AD SECTION 60 (11B) (a)
48. I have been informed by my legal representative that I am obliged to disclose all
my previous convictions and other pending cases, as well as the fact that should
I refuse or give false information, I would be committing an offence punishable
by law of up to 2 (two) years imprisonment with or without the option of a fine.
49. I hereby admit that:
49.1. I do not have any previous convictions.
49.2. I do not have any pending cases,
49.3. I do not have outstanding warrants of arrest against me.
49.4. There is no protection order against me.
49.5. There was never previous failure on my part to comply with bail
conditions.
50. I would like to bring the following facts under court’s attention;
50.1. I will comply with any conditions as the above Honourable Court may
wish to impose.
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50.2. I accordingly submit that the interests of justice, in considerations of
prejudice, my personal circumstances and the balancing of respective
interests favour my release on bail.
42. In the event that this Honorable Court grants me bail, I will be able to pay bail in
the amount of R1000.00.
SIGNED AND DATED AT KROONSTAD ON THIS 09th DAY OF FEBRUARY 2024
_________________________
APPLICANT
CERTIFICATE BY COMMISSIONER OF OATHS:
I certify that:
1. The Deponent acknowledged to me that:
1.1 He knows and understands the contents of this declaration;
1.2 He has no objection to taking the prescribed oath;
1.3 He considers the oath binding on his conscience,
2. The Deponent thereafter uttered the words ‘’I swear that the contents of the
Declaration are true, so help me God’’.
3. The Deponent signed this declaration in my presence at the address set out
hereunder on the 9th day of FEBRUARY 2023.
________________________
COMMISSIONER OF OATHS
FULL NAMES: _______________________________________________________
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DESIGNATION AND AREA: ____________________________________________
ADDRESS: _________________________________________________________
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