CRIMINAL PROCEDURE AND EVIDENCE ACT 268 Evidence of accomplice cannot be used against him No evidence given by an accomplice on behalf of the prosecution at any trial in respect of any offence shall, if the said accomplice is thereafter prosecuted for such offence, be admissible in evidence against him at his trial: Provided that if such accomplice is subsequently prosecuted for perjury or for an offence in terms of subsection (3) of section one hundred and fifty arising from the giving of such evidence, nothing contained in this section shall prevent the admission against him in evidence at his trial for the said perjury or for such offence of the evidence so given. [Section as amended by s. 28 of Act No. 9 of 2006] G. Sufficiency of evidence 269 Sufficiency of one witness in criminal cases, except perjury and treason It shall be lawful for the court by which any person prosecuted for any offence is tried to convict such person of any offence alleged against him in the indictment, summons or charge under trial on the single evidence of any competent and credible witness: Provided that it shall not be competent for any court— (a) to convict any person of perjury on the evidence of any one witness as to the falsity of any statement made by the accused unless, in addition to and independently of the testimony of such witness, some other competent and credible evidence as to the falsity of such statement is given to such court; (b) to convict any person of treason, except upon the evidence of two witnesses where one overt act is charged in the indictment or, where two or more such overt acts are so charged, upon the evidence of one witness to each such overt act; (c) to convict any person on the single evidence of any witness of an offence in respect of which provision to the contrary is made by any enactment. 270 Conviction on single evidence of accomplice, provided the offence is proved aliunde Any court which is trying any person on a charge of any offence may convict him of any offence alleged against him in the indictment, summons or charge under trial on the single evidence of any accomplice: Provided that the offence has, by competent evidence other than the single and unconfirmed evidence of the accomplice, been proved to the satisfaction of such court to have been actually committed. 271 Procedure on plea of guilty (1) Where a person arraigned before the High Court on any charge pleads guilty to the offence charged or to any other offence of which he might be found guilty on that charge and the prosecutor accepts that plea, the court may, if the accused has pleaded guilty to any offence other than murder, convict and sentence him for that offence without hearing any evidence. (2) Where a person arraigned before a magistrates court on any charge pleads guilty to the offence charged or to any other offence of which he might be found guilty on that charge and the prosecutor accepts that plea— (a) the court may, if it is of the opinion that the offence does not merit punishment of imprisonment without the option of a fine or of a fine exceeding level three, convict the accused of the offence to which he has pleaded guilty and impose any competent sentence other than— (i) imprisonment without the option of a fine; or (ii) a fine exceeding level three; or deal with the accused otherwise in accordance with the law; [Paragraph amended by s. 8 of Act No. 8 of 1997.] (b) the court shall, if it is of the opinion that the offence merits any punishment referred to in subparagraph (i) or (ii) of paragraph (a) or if requested thereto by the prosecutor— 100