English Translations of selected Afrikaans Judgments

SOUTH AFRICAN LAW REPORTS (1972) (1)

(Translation)

S. v. MYAMBO AND OTHERS.

(TRANSVAAL PROVINCIAL DIVISION.)

1971.November 25.CILLIE, J.P., and DE WET, A.J.

Immigration.-Person unlawfully in the Republic.-Conviction of con­ travening sec. 24 (3) of Act 22 of 1913 read with sec. 9 of Act 55 of 1971.-Court has no power to make a deportation order.

A court has not the power to make a deportation order in respect of a person who is unlawfully in the Republic and who has been convicted of a con­ travention of section 24 (3) of Act 55 of 1913, read with section 9 of Act 55

of 1971.

Review.

DE WET, A.J.: In these three cases the accused were found guilty of a contravention of sec. 24 (3) of Act 22 of 1913, read with sec. 9 of Act 55 of 1971. In each case imprisonment was imposed with the further provision "and thereafter to be repatriated".

In terms of sec. 22 of Act 22 of 1913 repatriation may only take place on the authority of an order issued by the Minister, being the only person who may decide whether a person who is unlawfully in the Republic, may be allowed to stay or must be deported.

Even in terms of sec. 24 (4) a passport control official may in certain circumstances arrest a person, but may only remove him from the Re­ public in terms of an order issued on the authority of the Minister.

It is clear from these provisions that a court has not the power to make a deportation order (see S. v. Koete, 1971 (4) S.A. 219 (0), and S. v. Wolfaardt, 1962 (3) S.A. 117 (S.W.A.). The Attorney-General is of the same opinion.

The convictions and sentences are confirmed but in each case the following words are deleted : "and thereafter to be repatriated".

CILLIE, J.P., concurred.