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AI summary
The Western Cape High Court considered a special review in S v Mamyoya concerning convictions for assault and contravening section 49(1)(a) of the Immigration Act. The court found the section 112(1)(b) questioning to be insufficient and set aside the convictions, sentences and the deportation order.
This appears to concern criminal procedure, plea proceedings and review of a deportation order.
Evidence from source
The matter was submitted before me as a special review in terms of section 304(4) of the Criminal Procedure Act 51 of 1977
Supports: plain summary: the matter was a special review
the questioning of the accused in terms of section 112(1)(b) of the CPA was conducted by the trial magistrate in a perfunctory and cursory manner
Supports: plain summary: the questioning was found insufficient
The convictions and sentences are set aside (b) The deportation order granted on 14 July 2026 is set aside.
Supports: plain summary: the convictions, sentences and deportation order were set aside