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Section history

Section 106A — Prohibition against agreements to indemnify surety, etc.

As in force on 31 December 2021.

Timeline 3 versions
  1. 31 October 2018 Act 19 of 2018, S 724 of 2018
  2. 31 December 2021 Revised edition
  3. 17 August 2026 Latest
Revised edition in force 31 December 2021

The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.

106A.Prohibition against agreements to indemnify surety, etc.

(1)Any agreement (whether made before, on or after 31 October 2018) indemnifying or purporting to indemnify any person against any liability which that person may incur as a surety to a bail bond is void.

(2)Any person who, on or after 31 October 2018, knowingly enters into an agreement mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 3 years or to both.

(3)An offence under subsection (2) is committed —

(a)whether the agreement is entered into before or after the person to be indemnified becomes a surety;

(b)whether or not the person to be indemnified becomes a surety; and

(c)whether the agreement contemplates compensation in money or money’s worth.