| (a) |
If the magistrate is satisfied that the accused admits the allegations stated in the charge, he shall stop the proceedings. |
| (b) |
If the magistrate is not satisfied as provided in paragraph (a), he shall record in what respect he is not so satisfied and enter a plea of not guilty and deal with the matter in terms of section 122(1): Provided that an allegation with reference to which the magistrate is so satisfied and which has been recorded as an admission, shall stand at the trial of the accused as proof of such allegation. |
| (3) |
If the magistrate is satisfied as provided in subsection (2)(a), he shall adjourn the proceedings pending the decision of the attorney-general, who may— |
| (a) |
arraign the accused for sentence before a superior court or any other court having jurisdiction, including the magistrate's court in which the proceedings were stopped under subsection (2)(a); |
| (b) |
decline to arraign the accused for sentence before any court but arraign him for trial on any charge at a summary trial before a superior court or any other court having jurisdiction, including the magistrate’s court in which the proceedings were stopped under subsection (2)(a); |
| (c) |
institute a preparatory examination against the accused. |
[Section 111(3) substituted by section 6 of Act No. 56 of 1979]
| (4) |
The magistrate or any other magistrate of the magistrate’s court concerned shall advise the accused of the decision of the attorney-general and, if the decision is that the accused be arraigned for sentence— |
| (a) |
in the magistrate’s court concerned, dispose of the case on the charge on which the accused is arraigned; or |
| (b) |
in a regional court or superior court, adjourn the case for sentence by the regional court or superior court concerned. |
| (a) |
The record of the proceedings in the magistrate’s court shall, upon proof thereof in the court in which the accused is arraigned for sentence, be received as part of the record of that court against the accused or, if the accused is arraigned in the magistrate’s court in which the proceedings were stopped under subsection (2)(a), the record of such proceedings shall stand as the record of that court, and the plea of guilty and any admission by the accused shall stand and form part of the record of that court unless the accused satisfies the court that such plea or such admission was incorrectly recorded. |
| (aA) |
The record of the proceedings in the magistrate’s court shall, upon proof thereof in the court in which the accused is arraigned for a summary trial, be received as part of the record of that court against the accused, and any admission by the accused shall stand and form part of the record of that court unless the accused satisfies the court that such admission was incorrectly recorded. |
[Section 111(5)(aA) inserted by section 17 of Act No. 59 of 1983]
| (b) |
Unless the accused satisfies the court that a plea of guilty or an admission was incorrectly recorded or unless the court is not satisfied that the accused is guilty of the offence to which he has pleaded guilty or that the accused has no valid defence to the charge, the court may convict the accused on his plea of guilty of the offence to which he has pleaded guilty and impose any competent sentence. |
[Section 111(5)(b) substituted by section 29 of Act No. 105 of 1997]
| (6) |
If the accused satisfies the court that the plea of guilty or an admission which is material to his guilt was incorrectly recorded, or if the court is not satisfied that the accused is guilty of the offence to which he has pleaded guilty or that the accused has no valid defence to the charge, the court shall record a plea of not guilty and proceed with the trial as a summary trial in that court: Provided that an admission by the accused the recording of which is not disputed by the accused, shall stand as proof of the fact thus admitted. |
| (7) |
Nothing in this section shall prevent the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purposes of determining an appropriate sentence. |
Public Service Commission Act, 1997
