In The High Court of South Africa (Western Cape High Court, Cape Town) Case No.

IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NO.:
In the matter between:
ANDILE NDANDANI Applicant
and
THE STATE Respondent
NOTICE OF MOTION
KINDLY TAKE NOTICE THAT application will be made on behalf of the
abovenamed Applicant, on a date to be arranged with the Honourable the
Judge President, for an order in the following terms:
1. Granting the Applicant bail in such amount and upon such conditions
as the Honourable Court may deem just, pending the finalization of his
trial currently proceeding in the above Honourable Court under the
above case number.
2. Granting the Applicant such further and/or alternative relief as the
Honourable Court may deem meet.

KINDLY TAKE NOTICE FURTHER THAT the Applicant’s affidavit, annexed
hereto, will be used in support of this application.
DATED AT CAPE TOWN ON THIS 25TH DAY OF NOVEMBER 2010
_______________________________
B.H. RAUTENBACH
BERN RAUTENBACH ATTORNEYS

Applicant’s Attorneys
36 Eugenie Crescent
BRACKENFELL
(Tel: 084 677 1788)
(Fax: (021) 982 4373)
C/o FOURIE & PARTNERS

Room 205, Burleigh House
24 Barrack Street
CAPE TOWN
TO: THE REGISTRAR

High Court
CAPE TOWN
AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS
NPA Building
Buitengracht Street
CAPE TOWN
IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NO.:
In the matter between:
ANDILE NDANDANI Applicant
and
THE STATE Respondent
AFFIDAVIT
I, the undersigned,
ANDILE NDANDANI
hereby make oath and say:
1.
I am the Applicant. The facts deposed to herein are within my personal
knowledge, and are both true and correct.

2.
I am currently incarcerated in prison, and have been in custody since January
2008. I am attending trial currently underway in the above Honourable Court
under the above case number. I have been advised, and verily believe, that
the trial is likely to run for a considerable time and is unlikely to be finalized
this year.
3.
I respectfully seek to be released on bail on such amount and upon such
conditions as the Honourable Court may deem just. I have previously applied
for bail in the lower court, which was refused, and appealed unsuccessfully to
the above Honourable Court against such refusal.
4.
I respectfully point out that, although my personal circumstances, which are
set out below, have not changed since, a significant change occurred in my
bail profile since bail was previously refused. I deal with that factor below.
5.
I am 33 years old. I have a fixed abode, namely 15 Nkolwana Street,
Khayelitsha, a permanent structure which belongs to my parents. I have been

living at the said address for many years, and at the time of my arrest on 2
January 2008 I was living there with my parents, my sisters, my wife and my 2
children.
6.
I have been married for 8 years. My children are aged 13 and 12 years
respectively, and are both attending school and are in grade 6. My family and
friends are to a significant extent based in the Western Cape, as was my
business (I owned my own taxi which plied for hire) which I conducted as at
the time of my arrest.
7.
I submit that I am a steady and productive citizen whose roots are in this
province. I do not hold a passport, and am not a flight risk. I have pleaded Not
Guilty to the charges against me, and am confident of being acquitted.
8.
I have one previous conviction of housebreaking, dating back to 1996, for
which I received a suspended sentence of 8 months’ imprisonment. I did have
two pending matters, namely a charge of armed robbery and one of
possession of an unlicensed firearm, for both of which I was arrested on the
same day in January 2007. The charges have formed the subject of two
separate trials, and I was granted bail in respect of both of them. I accordingly
attended court in Blue Downs on the robbery charge, and Bellville on the
firearm charge. I have at all times complied diligently with my bail conditions,
have specifically attended all hearings and refrained from interfering with
witnesses or the investigations.
9.
Similarly, I have no intention or incentive to breach my bail conditions should I
be released in the present matter, and undertake to comply with any such
conditions.
10.
Since I was refused bail with regard to the present matter, the following has
occurred as far as my aforesaid two previous charges are concerned: the
charge of armed robbery was withdrawn by the State on 7 October 2010; and
I was acquitted of the charge of possession of an unlicensed firearm on 1
March 2010. I respectfully submit that those two pending charges would have
played a material role in the previous refusal of bail in the present matter; or to
put it differently, the demise of the said pending matters materially alters my
bail profile – in my submission, to the extent that there is no sound reason to
refuse me bail now.

11.
It also serves to mention that a number of my co-accused were granted bail in
the present matter.
12.
I also wish to bring to the Honourable Court’s attention the fact that my wife
has been diagnosed with breast cancer and that my assistance in caring for
our children, both financially and otherwise, is direly needed by her.
13.
As far as my present trial is concerned, I maintain that I am innocent. I expect
my counsel to raise the matter of unconstitutional pre-trial treatment meted
out to me by certain members of the police force in an attempt to bring me to
incriminate myself. Thus, notwithstanding that I was so conscripted against
myself, I have been advised that the presumption of innocence continues to
apply with regard to the current charges.
14.
In the premises, I submit that all the aforegoing circumstances, taken
cumulatively, amount to exceptional circumstances justifying my release on

bail pending the outcome of my present trial, and I accordingly pray for an
order in terms of the notice of motion.
ANDILE NDANDANI
I certify that the deponent has acknowledged that he knows and understands
the contents of this affidavit, that he has no objection to taking the prescribed
oath which he regards as binding on his conscience, and that he uttered the
words ‘I swear that the contents hereof are true, so help me God’ before
signing the affidavit in my presence at CAPE TOWN on this
day of 2010.
COMMISSIONER OF OATHS
NAMES:
ADDRESS:
CAPACITY:

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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:

ANDILE NDANDANI Applicant

THE STATE Respondent

KINDLY TAKE NOTICE THAT application will be made on behalf of the

abovenamed Applicant, on a date to be arranged with the Honourable the

Judge President, for an order in the following terms:

trial currently proceeding in the above Honourable Court under the

above case number.

2. Granting the Applicant such further and/or alternative relief as the

Honourable Court may deem meet.

hereto, will be used in support of this application.

DATED AT CAPE TOWN ON THIS 25TH DAY OF NOVEMBER 2010

BERN RAUTENBACH ATTORNEYS

C/o FOURIE & PARTNERS

TO: THE REGISTRAR

AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS