M Munro Attorneys

03/04/2026

20/01/2026

BAIL, DELAYS & THE RIGHT TO A SPEEDY TRIAL

The Constitution is clear.
Section 35(5)(d) guarantees every accused person the right to have their matter heard without unreasonable delay.

In bail proceedings, Section 60(11B) of the Criminal Procedure Act 51 of 1977 places the burden on the accused—at their first appearance—to disclose any previous convictions or pending cases. This obligation does not rest on the State.

Yet in practice, accused persons are often kept in custody while courts wait weeks for SAP69s and profile reports from the State. If these documents are outstanding for more than 7 days, one must ask: Does this not undermine the very purpose and spirit of Section 60(11B)? Repeated remands for the State to obtain SAP69s and profiles effectively render Section 60(11B) moot if the courts do not implement it as intended. It is important as a legal representative to ensure Section 60(11B) disclosures are made on the first appearance, in order to equip yourself to oppose a request for a remand for SAP69s and profiles at a later stage.

Bail proceedings should not become a tool for unnecessary delay.
The right to a speedy and fair trial is not a privilege — it is a constitutional guarantee.

Justice delayed is justice denied.

19/01/2026

Section 60(12)(b) of the Criminal Procedure Act 51 of 1977: A Tool for Courts to Use in the Fight Against GBV

When bail is considered in matters involving a domestic relationship between an accused and a complainant, courts are empowered by section 60(12)(b) of the CPA to go beyond ordinary bail conditions and issue a final protection order.

Bail conditions may be imposed by a court granting an accused bail. If these are breached, the prosecution must apply for bail to be cancelled, often resulting in the accused remaining in custody until the matter is finalised. While important, these conditions fall away once the criminal case is concluded and in domestic violence and gender-based violence matters, this offers little or no comfort to a complainant.

By contrast, a final protection order granted in terms of section 60(12)(b) has far-reaching consequences. The complainant is issued with a warrant of arrest, which can be executed immediately if the accused contravenes the protection order. Crucially, the protection order remains in force even after the criminal matter is finalised—whether the charges are withdrawn or the accused is acquitted.

This means ongoing protection for the complainant, beyond the life of the criminal case.

For these reasons I believe, section 60(12)(b) is a more effective and enduring mechanism for courts to combat gender-based violence than relying solely on bail conditions, particularly where there is a domestic relationship between the parties.

The complainant is afforded protection and the accused's right to liberty, if the interest of justice permits his release on bail, are balanced in this manner.

19/01/2026

“Many arrests are made without reasonable suspicion, often to investigate later. Officers frequently misunderstand or ignore Section 40 of the Criminal Procedure Act, which limits police officers’ ability to make arrests without a warrant.

05/01/2026

To ensure effective, ethical, and professional legal services, our firm does not provide free legal advice, entertain quick questions, or offer representation without payment.
This framework allows us to maintain professional standards, comply with LPC rules and applicable legislation, and give every client the focused attention their matter deserves.

03/01/2026

⚖️ Back in Office from 12 January 2026. ⚖️
⚖️ Book your Consultation today! ⚖️
📞0662647229
📧 [email protected]

30/12/2025

We are pleased to advise that M Munro Attorneys offers legal retainer services designed to provide you with certainty, priority access, and cost-effective legal support.

A retainer arrangement allows a set fee to be paid in exchange for a predetermined number of legal hours and agreed services, tailored to your specific legal needs.

Retainers can be customised to suit your personal legal needs or those of your business, providing flexibility while ensuring ongoing legal support without unexpected costs.

We invite you to contact M Munro Attorneys to arrange an appointment to discuss how a retainer can be tailored to meet your unique legal requirements.

We look forward to assisting you in establishing a structured and reliable legal partnership.

29/12/2025

As an attorney, I often meet clients at some of the most difficult moments of their lives. One such client came to me while facing one of his toughest battles — uncertain, overwhelmed, and searching for hope.

What this journey reminded me is that the practice of law is not only about statutes and procedures. It is also about people. Along the way, I learned from him just as much as he learned from the process. Through professional ethics, dedication, and a personal touch, we navigated his legal battle together — and we succeeded.

More importantly, he took his second chance with both hands. He chose growth over defeat, accountability over despair, and today he stands as a testament to what is possible when opportunity meets determination as a successful business owner and entrepreneur.

This experience reaffirmed why I do what I do. I believe deeply in the administration of justice for all persons, regardless of their circumstances. Justice is more than a one-sided determination. Every individual deserves to be heard, represented with dignity, and given a second chance to learn, grow, and improve and change their path.

What began as a professional relationship has grown into a genuine friendship — and a powerful reminder that second chances can change lives. 🌱

At M Munro Attorneys, we stand for justice, growth, and new beginnings.