Section 9: Discharge of surety
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
9. Discharge of surety
(1) A surety may apply to a Court to be discharged from his obligations
as a surety.
(2) No surety shall be discharged from his obligations unless he—
(a) brings and surrenders before the Court the person for whom he
stood surety; or
(b) explains to the satisfaction of the Court his inability to do so.
(3) Where a surety is discharged, the Court shall order that the person
for whom he stood surety shall be arrested, and shall be remanded in custody unless—
(a) the Court is satisfied that the discharge was not due to any act
of the person arrested that would warrant his not being released
on bail; and
(b) the person arrested agrees to any condition which the Court may
think fit to impose for his release on bail.
[S. 9 amended by s. 12 of Act 34 of 2011 w.e.f. 1 January 2012.]
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Questions this section answers
- Can my surety ask to be released from their obligations, and what happens to me if they are discharged?