ABSTRACT
When the accused person pleads not guilty, he puts the prosecution to proof of all the elements necessary to constitute the offence. Even if the defendant does not enter the plea personally, it is not a nullity, since he is not prejudiced by such a plea. Apart from a personal plea a plea of not guilty is also entered if: • the defendant refuses to plead; • the defendant is mute of malice or by visitation of God; • the trial is proceeding ex parte, as is permissible under summary procedure
legislation in circumstances where a defendant who has been properly notified fails to attend court.
