Constitutional application
Journal Article
2005
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Journal Title
South African Journal of Criminal Justice
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Publisher
University of Cape Town
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Faculty
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Abstract
In Van Eeden v Director of Public Prosecutions, Cape of Good Hope 2005(2) SACR 22 (C) the court considered the relationship between plea agreements and the right to a fair trial, protected in s 35 of the Constitution. In this case, the applicant and a co-accused had been charged with contravening the Drugs and Drug Trafficking Act 1992 (at 23i-j). The Director of Public Prosecutions, Cape of Good Hope acknowledged the existence of a plea agreement but there was some dispute as to the terms of that agreement (at 25d-e). The applicant’s version, confirmed by the attorney who had entered into the agreement on his behalf, was that the prosecution had agreed not to prosecute him if his co-accused pled guilty to the charge (at 24a-b). The prosecution claimed that proceedings against the applicant were terminated because of insufficient evidence at the time (at 25h-i).
Description
Reference:
Pillay, A. (2005). Constitutional application: case review. South African Journal of Criminal Justice, 18(3), p-400.