M Munro Attorneys

09/08/2026

Celebrating the women who shape our work, our communities, and our future.

Happy Woman's Day 🩷🌸

16/07/2026

New business card / email signature just dropped.

28/06/2026

This past week, I received a favourable judgment in a formal opposed bail application involving four accused charged with premeditated murder under Schedule 6 of the Criminal Procedure Act.
Schedule 6 bail applications require an accused to establish exceptional circumstances which, in the interests of justice, permit their release on bail. In this matter, one of the arguments advanced was that, while being a parent or breadwinner is ordinarily not exceptional, the cumulative effect of the applicants' circumstances created an exceptional situation.
The Court was asked to consider that the applicants comprised a father, who was the family's primary breadwinner, and his two daughters. One daughter (Applicant 3) was financially dependent on her father (Applicant 1) and was also the mother of a minor child whose own father (Applicant 4) was incarcerated as a co-accused. The result was that the child was simultaneously deprived of financial support, parental care and emotional support from multiple caregivers. In considering these circumstances, the constitutional imperative that a child's best interests are of paramount importance in terms of section 28 of the Constitution formed part of the submissions made to the Court.
Professionally, this matter was particularly rewarding. It was my first opposed Schedule 6 bail application in several months, and it was a valuable opportunity to sharpen my skills, revisit complex bail jurisprudence and engage once again with the careful balancing of individual rights and the interests of justice.
Every appearance in court reinforces that effective advocacy lies not only in knowing the law, but in applying legal principles to the unique facts before the Court.

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.