| (1) |
When an accused pleads to a charge he may plead— |
| (a) |
that he is guilty of the offence charged or of any offence of which he may be convicted on the charge; or |
| (b) |
that he is not guilty; or |
| (c) |
that he has already been convicted of the offence with which he is charged; or |
| (d) |
that he has already been acquitted of the offence with which he is charged; or |
| (e) |
that he has received a free pardon under section 327(6) from the State President for the offence charged; or |
| (f) |
that the court has no jurisdiction to try the offence; or |
| (g) |
that he has been discharged under the provisions of section 204 from prosecution for the offence charged; or |
| (h) |
that the prosecutor has no title to prosecute; or |
| (i) |
that the prosecution may not be resumed or instituted owing to an order by a court under section 342A(3)(c). |
[Section 106(1)(i) inserted by section 4 of Act No. 86 of 1996]
| (2) |
Two or more pleas may be pleaded together except that a plea of guilty may not be pleaded with any other plea to the same charge. |
| (3) |
An accused shall give reasonable notice to the prosecution of his intention to plead a plea other than the plea of guilty or not guilty, and shall in such notice state the ground on which he bases his plea: Provided that the requirement of such notice may be waived by the attorney-general or the prosecutor, as the case may be, and the court may, on good cause shown, dispense with such notice or adjourn the trial to enable such notice to be given. |
| (4) |
An accused who pleads to a charge, other than a plea that the court has no jurisdiction to try the offence, or an accused on behalf of whom a plea of not guilty is entered by the court, shall, save as is otherwise expressly provided by this Act or any other law, be entitled to demand that he be acquitted or be convicted. |
Public Service Commission Act, 1997
