criminal case, the charge sheet against the accused reads as follows:
Walter Shabalala is charged with the crime of assault, in that on or about 4 January 2022, at or near Barba's Café in Second Avenue, Bloemfontein, in the district of Bloemfontein, he did unlawfully and intentionally assault one Sindisiwe Malope by hitting her twice with closed fists.
When the accused, Mr Shabalala, is asked to plead, he pleads guilty as follows: I admit that on the given date and place in the district of Bloemfontein, I did unlawfully and with intent slap Sindisiwe Malope once across the face with an open hand.
What would the prosecutor's reaction be to this plea?
A.
An admission should properly cover the fact it purports to admit. The prosecutor should not accept a plea of guilt where the admissions do not adequately cover the facts as stated in the charge sheet.
B.
The prosecutor should cross-examine the accused on the faulty plea in order to formally challenge it.
C.
An admission should properly cover the fact it purports to admit. The prosecutor should object to court and request the case be removed from the roll.
D.
The prosecutor should ask for a postponement and consult with the defence counsel in order to rectify the plea of guilt.
C.
An admission should properly cover the fact it purports to admit. The prosecutor should object to court and request the case be removed from the roll.
The correct answer is A. An admission should properly cover the fact it purports to admit. The prosecutor should not accept a plea of guilt where the admissions do not adequately cover the facts as stated in the charge sheet.
When the accused pleads guilty but admits to slapping Sindisiwe Malope once across the face with an open hand, it does not align with the charge on the charge sheet, which states that he hit her twice with closed fists. In this case, the prosecutor should not accept the plea of guilt as it does not adequately cover the facts outlined in the charge sheet. The prosecutor would need to address the discrepancy and potentially reject the plea.