S v Abraham (1) (Review Judgment) (CR 48 of 2012) [2012] NAHC 178 (15 June 2012)

# S v Abraham (1) (Review Judgment) (CR 48 of 2012) [2012] NAHC 178 (15 June 2012) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2012/178/eng@2012-06-15) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2012/178/eng@2012-06-15) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2012/178/eng@2012-06-15) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2012/178/eng@2012-06-15) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Abraham \(1\) \(Review Judgment\) \(CR …&body=https://namiblii.org/akn/na/judgment/nahc/2012/178/eng@2012-06-15) [ Download RTF (407.9 KB) ](/akn/na/judgment/nahc/2012/178/eng@2012-06-15/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2012/178/eng@2012-06-15/source.pdf) Report a problem __ * Share * [ Download RTF (407.9 KB) ](/akn/na/judgment/nahc/2012/178/eng@2012-06-15/source) * [Download PDF](/akn/na/judgment/nahc/2012/178/eng@2012-06-15/source.pdf) * * * * * Report a problem __ ##### S v Abraham (1) (Review Judgment) (CR 48 of 2012) [2012] NAHC 178 (15 June 2012) Copy citation * __Document detail * __Related documents * __Citations 1 / - Citation S v Abraham (1) (Review Judgment) (CR 48 of 2012) [2012] NAHC 178 (15 June 2012) Copy Media Neutral Citation [2012] NAHC 178 Copy Court [High Court](/judgments/NAHC/) Case number CR 48 of 2012 Judges [Shivute J](/judgments/all/?judges=Shivute%20J), [Parker J](/judgments/all/?judges=Parker%20J) Judgment date 15 June 2012 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2012/178/eng@2012-06-15/attachment/s-v-abraham-1-review-judgment-2012-nahc-178-15-june-2012.pdf) (193.4 KB) * * * Skip to document content **CASE NO.: CR 48/2012** **IN THE HIGH COURT OF NAMIBIA** **HELD IN WINDHOEK** In the matter between: **THE STATE** And **GWAYAKWAYA ABRAHAM** **(HIGH COURT REVIEW CASE NO.: 953/2011)** **(MAGISTRATE’S SERIAL NO.: 15/2011)** _**CORAM**_ : **PARKER, J** _**et**_**SHIVUTE, J** Delivered on: 2012 June 15 _**REVIEW JUDGMENT**_ _**SHIVUTE**_ _**,**__**J:**_ [1] The accused person was convicted in the Magistrate’s Court Omaruru on a charge of contravening section 29 (1) read with sections 1 and 8 of the Immigration Control Act, ([Act 7 of 1993](/akn/na/act/1993/7)) for remaining in Namibia after expiration of visitor’s entry permit. [2] He was sentenced to a fine of N$3000.00 or eighteen month’s imprisonment which was wholly suspended on condition that accused is not convicted of contravening section 29 of [Act 7 of 1993](/akn/na/act/1993/7) committed during the period od suspension. I found the conviction as well as the sentence to be in order. [3] In addition the learned magistrate made an order for the accused to be deported within 48 hours from the date of conviction. [4] I directed a query to the magistrate as to which provision of the law did the court derive its authority to deport the accused? [5] The learned magistrate responded that in terms of section 44 (10) of the Inmmigration Control Act, ([Act 7 of 1993](/akn/na/act/1993/7)) the removal of prohibited persons or immigrants from Namibia can be authorized by the Tribunal on application by the immigration officer. The learned magistrate conceded that he has erred by making the depotation order. [6] No court has authority in terms of the Immigration Control Act to order a prohibited immigrant to leave the country. Part IV of the Immigration Control Act, grants powers to officers, persons and tribunal to deport a prohibited immigrant. The magistrate is completely excluded. In view of this the magistrate’s order cannot be allowed to stand because it is impermissible. [7] In the result the following order is made: (1) The conviction and sentence are confirmed. (2) The order that the accused be deported from Namibia within 48 hours is set aside. __________________ SHIVUTE, J I agree. ___________________ PARKER, J #### __Related documents ▲ To the top >