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?in South African law of
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.
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.
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.
In this case, the accused, Mr. Shabalala, admitted to slapping Sindisiwe Malope once across the face with an open hand, while the charge sheet states that he hit her twice with closed fists. The prosecutor should not accept this plea because the admission does not match the facts as stated in the charge sheet.
In South African law, it is important for the admission to accurately reflect the charges brought against the accused. If there is a discrepancy between the admission and the facts as stated in the charge sheet, the prosecutor can object and request the case to be removed from the roll or proceed to cross-examine the accused on the faulty plea to challenge it. The prosecutor may also ask for a postponement to consult with the defense counsel in order to rectify the plea of guilt. However, in this scenario, the most appropriate reaction for the prosecutor would be to not accept the faulty plea and ensure that the admission adequately covers the facts as stated in the charge sheet.