CRIMINAL PROCEDURE AND EVIDENCE ACT (i) explain the charge and the essential elements of the offence to the accused and to that end require the prosecutor to state, in so far as the acts or omissions on which the charge is based are not apparent from the charge, on what acts or omissions the charge is based; and (ii) inquire from the accused whether he understands the charge and the essential elements of the offence and whether his plea of guilty is an admission of the elements of the offence and of the acts or omissions stated in the charge or by the prosecutor; and may, if satisfied that the accused understands the charge and the essential elements of the offence and that he admits the elements of the offence and the acts or omissions on which the charge is based as stated in the charge or by the prosecutor, convict the accused of the offence to which he has pleaded guilty on his plea of guilty and impose any competent sentence or deal with the accused otherwise in accordance with the law: Provided that, if the accused is legally represented, the court may, in lieu of the procedure provided in subparagraphs (i) and (ii), satisfy itself that the accused understands the charge and the essential elements of the offence and that he admits the elements of the offence and the acts or omissions on which the charge is based as stated in the charge or by the prosecutor by relying upon a statement to that effect by the legal representative of the accused. (3) Where a magistrate proceeds in terms of paragraph (b) of subsection (2)— (a) the explanation of the charge and the essential elements of the offence; and (b) any statement of the acts or omissions on which the charge is based referred to in subparagraph (i) of that paragraph; and (c) the reply by the accused to the inquiry referred to in subparagraph (ii) of that paragraph; and (d) any statement made to the court by the accused in connection with the offence to which he has pleaded guilty; shall be recorded. (4) The court may— (a) call upon the prosecutor to present evidence on any aspect of the charge; and (b) with regard to sentence, hear any evidence, including evidence or a statement made by or on behalf of the accused. (5) Where an accused has been convicted in terms of this section, the prosecutor and the court may, whether or not he gives evidence, question him with regard to sentence and, if the accused is represented by a legal practitioner, his legal representative may thereafter question him subject to the rules applicable to a party re-examining his own witness. 272 Procedure where there is doubt in relation to plea of guilty If the court, at any stage of the proceedings in terms of section two hundred and seventy-one and before sentence is passed— (a) is in doubt whether the accused is in law guilty of the offence to which he has pleaded guilty; or (b) is not satisfied that the accused has admitted or correctly admitted all the essential elements of the offence or all the acts or omissions on which the charge is based; or (c) is not satisfied that the accused has no valid defence to the charge; the court shall record a plea of not guilty and require the prosecution to proceed with the trial: Provided that any element or act or omission correctly admitted by the accused up to the stage at which the court records a plea of not guilty and which has been recorded in terms of subsection (3) of section two hundred and seventy-one shall be sufficient proof in any court of that element or act or omission. 101