(b) where the postponement or suspension was made by a magistrates court, before a magistrates court or
the High Court;
for the purposes of subsection (7).
(6) The magistrate may, if necessary for the purpose of an order in terms of subsection (5), order the offender
to be arrested without warrant and, unless the offender is admitted to bail in terms of Part IX, to be detained in
prison.
(7) When the offender is brought before the court in accordance with an order made in terms of subsection
(5), the court may commit him to undergo the sentence which may then be or has been lawfully passed or, in its
discretion, the reasons whereof shall be recorded on good cause shown by the offender—
(a) grant a further postponement or suspension, as the case may be, for a further period not exceeding five
years where the original postponement or suspension was in terms of paragraph (a) or (b) of subsection
(2) or one year where the original suspension was in terms of paragraph (c) of subsection (2), subject to
such conditions as might have been imposed at the time of the original postponement or suspension; or
(b) in the case of a postponement or suspension in terms of paragraph (a) or (b) of subsection (2), refuse to
pass sentence or bring the suspended sentence into operation, as the case may be.
(8) Where—
(a) the condition or one of the conditions on which any period of imprisonment has been ordered to be
suspended in terms of paragraph (b) of subsection (2) is that the offender pay by a specified date an
amount of money to any person as compensation; and
(b) before the date part of such amount has been paid in terms of the order of suspension; and
(c) solely because of the contravention of the condition specified in paragraph (a) the court, in terms of
subsection (7), commits the offender to undergo the suspended period of imprisonment;
the provisions of subsection (10) of section three hundred and forty-eight shall apply, mutatis mutandis, as though
the amount referred to in paragraph (a) were a fine and the suspended period of imprisonment were the period of
imprisonment referred to in that subsection.
(9) Where—
(a) the operation of a sentence of imprisonment or any part thereof has been suspended in terms of paragraph (b) of subsection (2) subject to a condition relating to any matter referred to in subsection (3); and
(b) the offender fulfils the condition in part only;
the court may reduce the period of imprisonment to which it commits the offender in terms of subsection (7) to
such extent as it considers appropriate in order to take account of the o ffender’s partial compliance with the
condition, and upon serving that reduced period of imprisonment the offender shall be deemed to have served the
full period that was suspended subject to the condition concerned.
(10) Where the contravention of a condition of postponement or suspension made in terms of paragraph (a)
or (b) of subsection (2) by the High Court consists of a conviction and sentence of a magistrates court, a record of
the proceedings shall be obtained and transmitted to the registrar of the High Court and subsection (2) of section
55 of the Magistrates Court [Chapter 7:10] shall apply, mutatis mutandis.
(11) A magistrates court may, in terms of paragraph (c) of subsection (2), direct as a condition of the suspension of a warrant that the offender shall, if he fails to pay a fine or any instalment thereof at a specified time on
any day fixed in terms of that paragraph, surrender himself to the clerk of the court concerned at such time on
such day unless he has, before that time, obtained an extension of time from the court for the payment of the fine
or instalment, as the case may be, and any direction in terms of this subsection shall be explained to the offender
at the time of the passing of sentence.
(12) If the offender surrenders himself in accordance with a direction in terms of subsection (11) or any extension of time obtained in terms of that subsection, the provisions of subsection (7) shall apply, mutatis mutandis.
(13) If the offender fails to surrender himself in accordance with a direction in terms of subsection (11) or
any extension of time obtained in terms of that subsection—
(a) subsections (5), (6) and (7) shall apply; and
(b) when the offender is brought before the court as referred to in subsection (7), the court may, in a summary manner, inquire into the failure of the offender to surrender himself and, unless it is proved that he
has a reasonable excuse for such failure, the court may sentence him to a fine not exceeding level three
or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(14) Any person sentenced to a fine or imprisonment in terms of paragraph (b) of subsection (13) shall have
the right of appeal as if he had been convicted and sentenced by the court concerned in a criminal trial.
(15) If an offender has been discharged with a caution or reprimand under paragraph (d) of subsection (2),
the discharge shall have the effect of an acquittal, except for the purpose of—
(a) subsection (3) or (4) of section three hundred and twenty-seven; or
(b) section 62 of the Magistrates Court Act [Chapter 7:10].
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