(a) paragraph 10 of the Third Schedule; or (b) the Ninth Schedule in respect of which the Attorney-General has issued a certificate referred to in subsection (3b) or section thirty-two. [Subsection substituted by s. 6 of Act 14/2004.] (9) This section shall apply in regard to a private prosecution as if references to the AttorneyGeneral were references to the private party instituting the prosecution. [Section as substituted by s. 2 of Act No. 8 of 1997.] 122 [Section repealed by s. 2 of Act No. 8 of 1997] 123 Power to admit to bail pending appeal or review (1) Subject to this section, a person may be admitted to bail or have his conditions of bail altered— (a) in the case of a person who has been convicted and sentenced or sentenced by the High Court and who applies for bail— (i) pending the determination by the Supreme Court of his appeal; or (ii) pending the determination of an application for leave to appeal or for an extension of time within which to apply for such leave; by a judge of the Supreme Court or the High Court; (b) in the case of a person who has been convicted and sentenced by a magistrates court and who applies for bail— (i) where the record of a case is required or permitted, in terms of section 57 or 58 of the Magistrates Court Act [Chapter 7:10], to be transmitted for review, pending the determination of the review; or (ii) pending the determination by the High Court of his appeal; or (iii) pending the determination of an application for leave to appeal or for an extension of time within which to apply for such leave; by a judge of the High Court or by any magistrate within whose area of jurisdiction he is in custody: (Paragraph as amended by s. 10 of Act No. 9 of 1997) Provided that— (i) the Attorney-General, in the case of any application to a judge in terms of this subsection, or the local public prosecutor, in the case of any application to a magistrate in terms of this subsection, shall be given reasonable notice of any such application; (ii) where an application in terms of this subsection is determined by a judge or magistrate, a further application in terms of this subsection may only be made, whether to the judge or magistrate who has determined the previous application or any other judge or magistrate, if such application is based on facts which were not placed before the judge or magistrate who determined the previous application and which have arisen or been discovered after that determination. (iii) a magistrate shall not, without the consent of the Attorney-General, admit a person to bail or alter a person’s conditions of bail in respect of an offence specified in the Third Schedule. (2) Where a person has applied to a judge for bail in respect of an offence referred to in the Third Schedule, the Minister responsible for the administration of the Public Order and Security Act [Chapter 11:17] may issue a certificate stating— (a) that in his opinion it is likely that public security would be prejudiced if the applicant were admitted to bail; and (b) the grounds on which he bases that opinion. [Subsection amended by s. 44 of Act No. 1 of 2002.]