Criminal Procedure and Evidence Act
Zimbabwe
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 Prosecutor-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[section repealed by section 3 of Act 8 of 1997]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;
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