Bail Application Preparation
Prepare a bail application in the Johannesburg Magistrates Court for Mr Sipho Radebe (28), a first-time accused charged with armed robbery (Schedule 6). Address the exceptional circumstances test in s60(11)(a) of the CPA and marshal evidence on flight risk, community ties, and the strength of the States case.
Your role
Attorney at Legal Aid SA
Scenario
THE ACCUSED Mr Sipho Radebe (28), ID 9711043211082, of 44 Modjadji Street, Alexandra, Johannesburg. Employed as a warehouse supervisor at Massmart DC Kempton Park (5 years service, gross R14,200/mo, letter from HR attached). No previous convictions (SAP69 clean). Married with two children (ages 3 and 6) at the same address; wife is a domestic worker earning R4,800/mo. Radebe is the primary breadwinner and his mothers medical aid main member (she is diabetic). THE CHARGES Accused 1 on CAS 4412/06/2026 (Sandton SAPS): - Count 1: Armed robbery (aggravating circumstances) — s1 CLAA — Schedule 6. - Count 2: Possession of an unlicensed firearm — Firearms Control Act 60/2000 s3. - Count 3: Possession of ammunition — FCA s90. Allegations: On 4 June 2026 at approximately 21h40, three armed men robbed a Standard Bank ATM cash-drop at Sandton City. R418,000 was taken. The State alleges Radebe drove the getaway vehicle (a white VW Polo, hired in his name from Avis on 3 June). EVIDENCE AGAINST HIM (i) The Avis rental agreement in Radebes name; (ii) CCTV footage showing a white Polo departing the scene — drivers face not clearly visible; (iii) Cellphone tracking placing Radebes number 083 552 4419 within 200m of Sandton City at 21h35–21h45. Radebe says he was collecting his cousin, Ms Thandi Radebe, from her waitressing shift at News Café — she confirms this in an affidavit annexed. STATE OPPOSITION Investigating officer Warrant Officer M. Molefe opposes bail on grounds of (a) risk of interference (2 co-accused not yet arrested); (b) seriousness of Schedule 6 offence; (c) prevalence in the district. APPLICABLE LAW Criminal Procedure Act 51/1977 ss 60(1), (4), (9), (11)(a) — Schedule 6 requires the accused to adduce evidence which satisfies the court that exceptional circumstances exist which in the interests of justice permit his or her release; s60(11B); Constitution s35(1)(f); S v Dlamini; S v Dladla; S v Joubert; S v Schietekat 1999 (4) SA 623 (CC); S v Petersen 2008 (2) SACR 355 (C); S v Mathebula 2010 (1) SACR 55 (SCA); S v Botha 2002 (1) SACR 222 (SCA) on exceptional circumstances.
Learning outcomes
- Apply Schedule 5 onus and interests-of-justice factors
- Draft a bail affidavit
- Prepare cross-examination of the IO
- Structure a bail address
Tasks you'll complete
Draft Bail Affidavit
Bail affidavit covering personal circumstances and s60(4) factors.
Cross-Examination Plan
10 cross-examination questions for the IO.
Bail Address
5-minute bail address to the magistrate.
Document pack
You'll receive 4 case documents when the simulation starts.