[1]
The accused person was charged before the Karasburg Magistrate’s Court with contravening s.
112 of the Immigration Control Act, 1993 (Act 7 of 1993). He pleaded guilty, and was convicted on his plea of guilty and sentenced
accordingly.
[2]
I have perused the record, and I am satisfied that the proceedings are in accordance with justice,
but the sentence is bad in law and confusing in its formulation. In his response to a query raised by this Court, the learned magistrate
agrees that the formulation of the sentence is wrong.
[3]
In the result, I make the following orders:
(1)
The conviction is confirmed.
(2)
The sentence is set aside and the following is put in its place:
N$500.00 or 10 months’ imprisonment, five months of which are suspended for five years on condition that the accused person
is not found guilty of the offence of contravening s. 112 of Act 7 of 1993, committed during the period of suspension.
_________________
Parker, J
I, agree.
_________________
Manyarara, AJ
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