(a) if such person is treated as an unconvicted prisoner in terms of this section, subject to any directions
which the Supreme Court or the High Court may give to the contrary, as from the day on which the appeal, application or review is determined; or
(b) if such person is admitted to bail in terms of this section, as from the day on which he is received into
prison under his sentence.
(10) A recognizance shall be taken on the admission of a person to bail either from that person alone or from
him and one or more sureties, in the discretion of the judge or magistrate according to the nature and circumstances of the case, and it shall be a condition of such recognizance that the person shall, upon service on or for
him at some place to be mentioned in the recognizance of a notice signed by the registrar of the High Court or,
where the conviction or sentence appealed against took place in a magistrates court, by the clerk of that court
informing that person of the decision of the High Court or the Supreme Court, as the case may be—
(a) pay the fine, if any, due by him within such time and to such person as shall be specified in the notice; or
(b) surrender himself within such time and to such person as shall be specified in the notice in order to
undergo any other punishment which he is liable to undergo, and the judge or magistrate may add any or
all of the conditions mentioned in subsection (3) of section one hundred and eighteen which he may
think necessary or advisable to impose.
(11) The provisions of section three hundred and eighty-two shall apply, mutatis mutandis, to the service of a
notice referred to in subsection (10).
(12) In granting bail in terms of subsection (1) the judge or magistrate may take bail also for the cost and
charge of serving the notice referred to in subsection (10), which cost and charge shall be the same as that of
serving a summons in a civil case in a magistrates court against the same person at the same place.
(13) When a person has been admitted to bail in terms of subsection (1), a judge, in the case where the conviction or sentence took place in the High Court, or a magistrate in any other case, may, upon the application of
the Attorney-General or local public prosecutor, as the case may be, and upon information being made in writing
and upon oath that default has been made in any condition of the recognizance taken from such person—
(a) issue a warrant for the arrest of such person; and
(b) issue an order calling upon him and his sureties, if any, to appear on a day and at a place specified in the
order to show cause why the recognizance should not be declared forfeited; and
(c) if cause to the satisfaction of the judge or magistrate, as the case may be, is not shown against any such
declaration, declare the recognizance to be forfeited, and such declaration of forfeiture shall have the effect of a judgment on the recognizance for the amounts therein named against such person and his sureties, respectively.
124 …..
[Section repealed by section 3 of Act 8 of 1997.]
125 Insufficiency of sureties
If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become
insufficient, the judge or magistrate granting the bail may issue a warrant of arrest directing that the accused be
brought before him, and may order him to find sufficient sureties, and on his failing so to do may commit him to
prison.
126 Alteration of recognizances or committal of person on bail to prison
(1) Any judge or magistrate who has granted bail to a person in terms of this Part may, if he is of the opinion
that it is necessary or advisable in the interests of justice that the conditions of a recognizance entered into by that
person should be altered or added to or that that person should be committed to prison, order that the said conditions be altered or added to or commit the person to prison, as the case may be:
Provided that—
(i) if the judge or magistrate who granted bail is not available, any other judge or magistrate, as the case
may be, may act in terms of this subsection;
(ii) a judge or magistrate shall not act in terms of this subsection unless facts which were not before the
judge or magistrate who granted bail are brought to his attention.
(2) In order to secure the presence before him of a person for the purpose of acting in terms of subsection (1),
a judge or magistrate may issue a warrant for the arrest of the person and thereafter subsection (1) shall apply.
(3) The provisions of section thirty-five shall apply, mutatis mutandis, in respect of a warrant issued in terms
of subsection (2).
127 Person on bail may be arrested without warrant if about to abscond or interfere with witness
(1) If a peace officer believes on reasonable grounds that a person to whom bail has been granted in terms of
this Part is about to abscond for the purpose of evading justice or to interfere with the evidence against him, he
may arrest the person without warrant and shall as soon as possible take him before a magistrate who may, upon
being satisfied that the ends of justice would otherwise be defeated, commit the person to prison.
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