(1) Where bail is
granted to an accused by a judicial officer, whether with or without any
condition being attached thereto, and the accused fails or refuses to enter
into a bail undertaking in terms of the grant, the judicial officer who
granted bail may, subject to subsection (3), order that the accused enter into
the bail undertaking within such time as he may specify.
(2) If an accused does
not comply with an order under subsection (1), the judicial officer may,
subject to subsection (3), further order that a bail undertaking, in such form
as the judicial officer may approve, shall be deemed to have been entered into
by the accused on the date of such further order, and thereupon that
undertaking shall be treated as if it had been duly entered into by the
accused for the purposes of this Act.
(3) A judicial officer
shall not —
(a) make
an order under subsection (2) unless he has personally informed the accused of
the terms and effect of the order made under subsection (1);
(b)
exercise any of the powers conferred on him by this section unless he is
satisfied that the accused has the capacity to enter into and comply with the
undertaking.
[Section 33 amended: No. 84 of 2004 s. 82.]