Special Plea in South Africa: Understanding the Legal Framework and Its Applications

The court system in South Africa offers defendants a number of ways to either have their charges dropped or to enter guilty pleas to lesser offenses. A special plea, which enables defendants to enter guilty pleas to offenses other than the one for which they were first accused, is one such procedure. This blog article attempts to give a thorough grasp of the applications and legal framework pertaining to special pleas in South Africa.

What is a Special Plea?

A special plea is a judicial procedure by which a person may enter a guilty plea to a different offense from the one for which they were first accused. Because this is not a typical guilty plea—in which the prisoner acknowledges to the precise crime for which they were charged—it is seen as exceptional. Alternatively, a special plea enables the offender to confess to a separate, connected to the original allegation, offense.

Types of Special Plea

A key component of South African law, special pleas give parties a way to bring up procedural flaws or technical issues. Several kinds of pleas may be distinguished, each of which addresses a particular problem that could come up in a court case. South African law recognises the following categories of exceptional pleas:

Prescription

Definition: Prescription is a peremptory plea that renders the claim permanently unenforceable. It is raised when a cause of action has not been prosecuted within the specified time period, usually three years.

Jurisdiction

Definition: Jurisdiction is a declinatory plea that quashes the action as far as the court is concerned, but the merits of the case may be tried by another court with jurisdiction.

Lis Pendens

Definition: Lis pendens is a dilatory plea that delays the proceedings. It is raised when a defendant contends that a suit between the parties on the same cause of action is pending in another court.

Locus Standi

Definition: Locus standi is a peremptory plea that quashes the action altogether. It is raised when a person lacks the required direct and substantial interest in the right which is the subject matter of the litigation and the outcome of such litigation.

Res Judicata

Definition: Res judicata is a peremptory plea that quashes the action altogether. It is raised as a defence to a claim that was already disposed of by a judgment in a prior action between the same parties concerning the same subject matter and the same cause of action.

Non-Joinder or Misjoinder

Definition: Non-joinder or misjoinder is a dilatory plea that delays the proceedings. It is raised when evidence is required that another person should have been joined as plaintiff or defendant, or some party who has been joined ought not have been.

Arbitration

Definition: Arbitration is a dilatory plea that delays the proceedings. It is raised when arbitration is a condition in the terms of a contract, and the defendant must state that they agreeable to the dispute being referred to arbitration.

Premature Summons

Definition: Premature summons is a special plea raised when a summons is issued before the cause of action is complete, and the defendant objects to the premature summons.

Settlement

Definition: Settlement is a special plea raised when a settlement has been reached between the parties, and the action is no longer necessary.

Costs in a Previous Suit

Definition: Costs in a previous suit is a special plea raised when there are outstanding costs from a previous suit between the same parties, and the defendant objects to the action being pursued.

Mistake of Fact or Law

Definition: Mistake of fact or law is a special plea raised when the defendant claims that they believed the circumstances surrounding the offense were different from what they actually were or that they were unaware of the law.

Alibi

Definition: Alibi is a special plea raised when the defendant claims that they were not present at the scene of the crime or were not involved in the commission of the offense.

Legal Framework for Special Pleas

Special pleas in South Africa are controlled by the Criminal Law Amendment Act (CLAA) and the Criminal Procedure Act (CPA). While the CLAA lists particular rules pertaining to special pleas, the CPA provide the overall structure for criminal procedures.

Requirements for a Special Plea

A special plea requires the offender to fulfil specific criteria. Those consist of:

A good defence must be available to the defendant: The defendant needs to mount a strong, fact-based defense.

The special plea needs to have bearing on the first accusation: The special plea cannot be a wholly unrelated crime to the original accusation.

Evidence must back up the extraordinary request: The extraordinary plea has to be backed up by court admissible proof.

Examples of Special Plea in South Africa

There have been several notable cases in South Africa where special pleas have been used to resolve complex criminal cases. One such example is the case of the “State vs. Mdlalose,” where the defendant pleaded guilty to a lesser offense after being charged with murder. The defendant claimed that he had acted in self-defense, and the court accepted his special plea, reducing the charge to culpable homicide.

See also: Court order guardian

Conclusion

A significant component of South African law, special pleas allow defendants to have their charges dropped or to enter guilty pleas to a lesser punishment. Defendants and their attorneys may more successfully negotiate the criminal justice system and obtain better results by knowing the legal prerequisites and applicability of special plea.

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About Sean Smith

Sean is a financial professional and political enthusiast. At the moment, he is employed by a big hedge fund as an investment analyst, where he studies financial markets and economic trends to assist in making investment decisions. Sean follows U.S. and world politics avidly in his leisure time. He also discusses the newest trends and has a series on ''legit businesses'' in the country.