Donda Attorneys Inc

07/06/2026

BAIL APPLICATION AT THE POLICE STATION

Arrested? Act Fast. Donda Attorneys Inc. Fights for Your Release from the Start.

WHAT IS POLICE BAIL?

When a person is arrested, South African law provides for bail to be granted at the police station before the matter even reaches a court. This is known as police bail or section 59 bail, governed by section 59 of the Criminal Procedure Act 51 of 1977 (CPA). Police bail is available for less serious offences not listed in Schedule 5 or Schedule 6 of the CPA — such as common assault, malicious damage to property, theft below a certain value, and similar offences. A commissioned police officer at the station may grant bail in these cases, allowing the accused to be released pending their first court appearance.
Time is critical after an arrest. The sooner an attorney is involved, the better your chances of securing bail at the station — before a night in custody becomes several days.

WHO GRANTS POLICE BAIL?
A commissioned officer (typically a warrant officer or above) at the arresting police station has the authority to grant bail under s59 of the CPA. The officer considers the nature and seriousness of the charge, the accused's personal circumstances, flight risk, and any danger to the community. The officer may set a bail amount, and once paid, the accused is released with a date to appear in court.
For Schedule 5 and Schedule 6 offences — which include serious charges such as robbery with aggravating circumstances, r**e, murder, and drug trafficking — police bail is not available. These matters must go before a court, where bail is determined under sections 60 and 60(11) of the CPA respectively, with the onus shifting to the accused to demonstrate exceptional circumstances.

FACTORS AFFECTING POLICE BAIL
• The nature and seriousness of the charge and the schedule under which it falls
• The accused's previous criminal record (if any)
• The accused's ties to the community — employment, family, and fixed address
• Risk of flight or failure to appear in court
• Whether the accused poses a danger to the complainant or the public
• Strength of the State's case as apparent from the charge sheet

HOW DONDA ATTORNEYS INC. ASSISTS YOU
At Donda Attorneys Inc., we understand that an arrest is one of the most distressing events a person and their family can face. Our criminal defence team responds urgently — attending at police stations across KwaZulu-Natal and Mpumalanga to secure the earliest possible release of our clients. Our bail assistance includes:
• Urgent attendance at the police station: We attend promptly upon instruction to consult with the arrested person, review the charge sheet, and engage the investigating officer and the commissioned officer.
• Charge assessment: We immediately assess whether the offence falls within a schedule permitting police bail, and identify the strongest arguments for release.
• Bail representations: We make formal written and oral representations to the commissioned officer, presenting the accused's personal circumstances, community ties, and lack of flight risk to motivate for bail and a reasonable bail amount.
• Bail amount negotiation: Where bail is granted but the amount is excessive relative to the accused's means, we engage the officer to have it reduced to an amount the family can realistically pay.
• First appearance preparation: Where police bail is refused and the matter must go before a court, we are ready to make a full s60 bail application at the accused's first appearance — armed with a prepared affidavit and supporting documentation.
• Family liaison: We keep the accused's family informed throughout, guiding them on the bail payment process, what to bring to the station, and what to expect at the first court date.

We serve clients and their families across Durban, Melmoth, Middelburg, and surrounding areas. Our criminal defence team is available when it matters most — because your freedom should not wait.

07/06/2026

SCHEDULE 5 BAIL APPLICATIONS

Requirements, the Onus, and the Donda Attorneys Inc. Strategy for Securing Your Release

WHAT IS A SCHEDULE 5 OFFENCE?
Schedule 5 of the Criminal Procedure Act 51 of 1977 (CPA) lists serious offences for which the ordinary bail process is significantly more onerous. Unlike less serious matters where police bail under s59 is available, Schedule 5 offences must go before a court — and the accused bears a reversed onus when applying for bail.
Schedule 5 offences include, among others:
• Murder (where Schedule 6 does not apply)
• Robbery with aggravating circumstances
• Assault with intent to cause grievous bodily harm
• R**e and sexual offences (where Schedule 6 does not apply)
• Arson
• Kidnapping and child abduction
• Housebreaking with intent to commit an offence listed in Schedule 5
• Drug-related offences above certain thresholds
• Serious fraud, corruption, and public violence
• Offences under the Fi****ms Control Act involving unlicensed possession
Schedule 5 bail cannot be granted at the police station. It is a court application — and how it is argued makes the difference between going home and remaining in custody pending trial.

THE REVERSED ONUS UNDER SECTION 60(11)(B)

Section 60(11)(b) of the CPA places the onus squarely on the accused in Schedule 5 matters. The accused must satisfy the court, on a balance of probabilities, that the interests of justice permit their release. This is a significant departure from the ordinary presumption of innocence — the accused must make an affirmative case for bail, not merely resist the State's opposition.
The court is required to consider all relevant factors under s60(4) of the CPA, including whether there is a likelihood that the accused will:
• Endanger the safety of the public or any particular person
• Evade trial — considering ties to the community, assets, and travel history
• Attempt to influence or intimidate witnesses or conceal evidence
• Undermine or jeopardise the objectives of the criminal justice system
• Where applicable, be released in the interests of justice
The reversed onus means the accused cannot remain silent. A compelling, evidence-backed bail affidavit is not optional — it is the foundation of the entire application.

WHAT THE COURT WEIGHS IN A SCHEDULE 5 APPLICATION

Beyond the s60(4) factors, a court determining Schedule 5 bail will closely examine:
• Strength of the State's case: The strength of the evidence and whether the accused has a bona fide defence.
• Personal circumstances: Employment status, family dependants, length of residence, community roots, and health conditions.
• Criminal record: Prior convictions, pending matters, and any previous bail forfeitures or failures to appear.
• Nature of the offence: The gravity of the alleged conduct and the potential sentence upon conviction.
• Public interest and victim impact: The court considers whether release would alarm or endanger the complainant or the broader community.
• Bail conditions: Whether conditions — such as reporting, surrender of a passport, or geographic restriction — can adequately address concerns without detention.

THE DONDA ATTORNEYS INC. SCHEDULE 5 BAIL STRATEGY

A Schedule 5 bail application is a formal court proceeding requiring the skill of an experienced criminal defence attorney. Donda Attorneys Inc. approaches every Schedule 5 bail application with a structured, evidence-driven strategy:
• Urgent consultation in custody: We consult with the accused as soon as possible after arrest — at the holding cells or place of detention — to gather full personal history, understand the alleged facts, and begin building the bail affidavit immediately.
• Charge sheet and docket analysis: We study the charge sheet and, where accessible, engage the investigating officer to assess the strength of the State's case and identify any procedural or factual vulnerabilities.
• Comprehensive bail affidavit: We draft a detailed affidavit addressing every s60(4) factor — employment, family, assets, community ties, health, absence of flight risk, and the accused's specific response to the allegations. This is the cornerstone of the application.
• Corroborating evidence: We gather and present supporting documents — payslips, lease agreements, church membership letters, character references, medical records — to substantiate every claim in the affidavit and give it weight the court cannot dismiss.
• Defence to the charge: Where the accused has a bona fide defence — alibi, mistaken identity, lack of intent — we articulate it clearly in the bail application to challenge the strength of the State's case.
• Bail conditions proposal: We proactively propose tailored bail conditions that address the court's concerns and neutralise the State's objections — making it easier for the court to grant bail on conditions rather than refuse it outright.
• Vigorous oral argument: We argue the application in open court with precision and authority, cross-examining the investigating officer where appropriate and challenging any opposition raised by the prosecution.
• Bail appeal where refused: If bail is refused, we immediately assess the grounds for an appeal to the High Court under s65 of the CPA and advise the client and family on the prospects and timeline.
We appear regularly in Magistrates' Courts and the High Court across KwaZulu-Natal and Mpumalanga. Our criminal defence team combines practitioner-level knowledge of bail law with a relentless commitment to securing liberty for every client — because no person should remain in custody a day longer than the law requires.

Contact Donda Attorneys Inc 083 380 3508 . — We Appear. We Argue. We Secure Release.
Durban | Melmoth | Middelburg • Fearless criminal defence. Every accused. Every court.

28/05/2026

B.E.E With A Social Conscience

As seen on YBS Media
By Melusi Melu Xulu



On paper BEE advocates that it is for assisting the previously disadvantaged people at large, as the BEE legislation was formulated as an effort to redress the imbalances of the past. One of the objectives for BEE, among others, issocio-economic development. In this regard a company gets points by uplifting Blacks individuals, communities and/or groups. The question is: Who really benefits? Is it just a few black individuals or the community and groups?

There are a few well-known “businessmen” who are Black, known as ama-BEE . They usually wear trendy suits, usually carry two or more expensive phones. You will also spot them by their driving the latest sport cars. One other distinguishing factor is that they are well-connected, politically. These are the previously disadvantaged.

Ama-BEE are untouchable, larger-than-life business moguls whose living principles have nothing to do with addressing the under-developed communities. Moeletsi Mbeki, an analyst and entrepreneur, one of the most vocal BEE critics has this to say about the superficiality of BEE as a redress mechanism,

“It is a fatal blow against the emergence of Black entrepreneurship, by creating a small class of unproductive, but wealthy crony capitalists.”

BEE should be at the forefront of changing the legacy of apartheid and should not benefit a selected few.



Here are my 3 suggestions to changes BEE’s effectiveness:



1. Giving back

A company that gets a BEE deal, of say R10 million, should be obligated to use 10% of its profits to develop under-developed communities. The BEE company could help, for instance, to build a new school with modern facilities. Be it sport, technology or educational facilities.

The main aim will be that the progress of BEE companies will leave under-developed communities with better infrastructure. This will go a long way in creating developed communities across the country. This requirement could be placed as a prerequisite for the next deal.



2. Invest on Education

A national BEE Education Bursary Fund (BEE-EBF) can be set up with independent trustees to be used to raise funds to educate previously disadvantaged South Africans who excel academically. These learnes and/or students could then be sent to the best world universities globally like Harvard or Yale, with the premise of grooming them for skills that could improve government’s priority programmes.

The perfect example here will be Mine Engineers educated in Harvard USA who could come back to assist in the mining industry and beneficiation; BEE can play a huge role in this regard. The monies can be raised from the 10% mentioned above. This is not be a new concept, as ANC exiles were known to be encouraged to study. The aim was that they should be groomed to lead as soon political freedom was attained, its BEE’s turn.



3. Encourage Entrepreneurship

One of the proposals to make sure that BEE benefits the poorest of the poor is to have a BEE Social Entrepreneurship Programme (BEE-SEP). This programme will train people who are previously disadvantaged in entrepreneurship to enable them to be better entrepreneurs.

The programme could tackle issues such funding, creating sustainable businesses and job creation, which would help fight the ever-increasing unemployment rate. The BEE-SEP would go a long way to see that Blacks, in general and Africans in particular, are active in the first economy.



This is the kind of BEE I am expecting. I have coined it ‘BEE with a social conscience,’ an initiative that we would all be proud of. A legacy created by BEE not just for ama-BEE, but for society as a whole. BEE must be one of the New Growth Path proponents used to change South Africa for the better. Cut-off date for implementation is 1 March 2014, otherwise society would continue to think of BEE as measure to safeguard Apartheid economic interests!

05/05/2026

🚨 𝐁𝐑𝐄𝐀𝐊𝐈𝐍𝐆: Kylian Mbappé is becoming increasingly ISOLATED at Real Madrid, L'Équipe report. Many teammates believe he benefits from 𝐒𝐏𝐄𝐂𝐈𝐀𝐋 𝐏𝐑𝐈𝐕𝐈𝐋𝐄𝐆𝐄𝐒. 👀

The player is said to have a close relationship ONLY with the French members of the squad. There are also reports of behaviour considered DISMISSIVE toward a staff member during training, as well as arriving 40 MINUTES LATE to a team-organised meal. 💣

The images of him landing just 𝟏𝟐 𝐌𝐈𝐍𝐔𝐓𝐄𝐒 before the start of the Espanyol match have only INTENSIFIED the situation. Within the club, there is frustration over his lack of discretion and inability to assess the negative impact on his image. 😤

26/02/2026

The arrival of South African men who were stranded in Russia has placed them at the centre of a probe to determine how they ended on the front lines of the Russia-Ukrainian War ゚viralシfypシ゚ eNCAnews

31/01/2026

23/11/2025