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AI summary
The Western Cape High Court reviewed six criminal matters involving convictions under section 49(1)(a) of the Immigration Act 13 of 2002. It said a magistrates’ court does not have the power to make a deportation order on conviction under that section. The court set aside the deportation orders in five matters and reformulated the sentence conditions in one matter.
This may be relevant to criminal sentencing and immigration-related review matters.
Evidence from source
Summary: On convicting an accused of contravening section 49(1)(a) of the Immigration Act 13 of 2002 , a magistrates’ court does not have the power to make an order for the deportation of that accused.
Supports: plain_summary sentence 1 and 2
The conditions to the sentence are set aside and reformulated, with the sentence to read as follows: “ The accused is sentenced to twelve (12) months imprisonment, wholly suspended for a period of three (3) years
Supports: plain_summary sentence 3