1. A works for the Department of Social Welfare as an accounting officer, where she involves herself, with five other colleagues in the fraudulent siphoning of R3-million into the secret banks accounts of all six accomplices. However, preliminary investigations reveal A as the 'mastermind' behind the entire escapade, who was seemingly acting alone. In fact, one local newspaper affectionately christens her, 'Lone Wolf McPhee'. A is charged in the Regional Court with 50 charges of fraud. After obtaining instructions from A, D, A's attorney approaches the prosecutor, P, with a 'plea bargain' offer, and suggests that the arrangement be concluded in the 'traditional' sense of plea bargaining.

a. A agrees to plead 'guilty' in respect of 25 of the charges, but insists that the plea bargain agreement must include a formal agreement on sentence. Briefly discuss the workability of such arrangement. (5)

Hint:

your answer should only discuss the formality or otherwise of traditional plea bargaining as it relates to the outcome, without delving into the mechanics of 'how' such agreement is arrived at.

b. In compliance with traditional plea bargaining rules, D insists to P that they (D and P) must approach and address the court informally from the bar regarding the plea agreement which was arrived at. Briefly discuss the workability and legality of this arrangement. (6)

Hint:

as per the information in the Handbook, the question must be answered with specific reference to the exceptions set out in respect of traditional plea bargaining.

c. Discuss the implications if A was not legally represented and still wanted to enter into a statutory-regulated plea bargain arrangement with P, without the agreement being reduced to writing. (2)