| (1) | No private prosecutor referred to in section 7 shall take out or issue any process commencing the private prosecution unless he deposits with the magistrate's court in whose area of jurisdiction the offence was committed— |
| (a) | the amount the Minister may from time to time determine by notice in the Gazette as security that he will prosecute the charge against the accused to a conclusion without undue delay; and |
[Section 9(1)(a) substituted by section 39 of Act No. 129 of 1993]
| (b) | the amount such court may determine as security for the costs which may be incurred in respect of the accused’s defence to the charge. |
[Section 9(1)(b) substituted by section 39 of Act No. 129 of 1993]
| (2) | The accused may, when he is called upon to plead to the charge, apply to the court hearing the charge to review the amount determined under subsection (1)(b), whereupon the court may, before the accused pleads— |
| (a) | require the private prosecutor to deposit such additional amount as the court may determine with the magistrate’s court in which the said amount was deposited; or |
| (b) | direct that the private prosecutor enter into a recognizance, with or without sureties, in such additional amount as the court may determine. |
| (3) | Where a private prosecutor fails to prosecute a charge against an accused to a conclusion without undue delay or where a charge is dismissed under section 11, the amount referred to in subsection (1)(a) shall be forfeited to the State. |
