In determining whether an applicant is suitable to be a surety an officer referred to in section 36(1) shall have regard to all matters which appear to him to be relevant including, as well as any others, the following ¾

(a) the character and antecedents of the applicant;

(b) his proximity to or connection with the accused, whether by kinship, place of residence or otherwise; and

(c) his ability to pay, or give security for, the amount which he might become liable to forfeit under his proposed surety undertaking, without excessive hardship to himself or his dependants.

[Section 39 amended by No. 84 of 2004 s. 82.]