S v Mokhali (228/2013) [2014] ZAFSHC 223 (18 December 2014)

S v Mokhali (228/2013) [2014] ZAFSHC 223 (18 December 2014)

The accused was convicted and sentenced for unlawfully entering or remaining in South Africa. However, the record showed that he was a citizen of Lesotho, possessed a valid passport, and had lawfully entered South Africa on 26 October 2014, with permission to remain until 25 November 2014. The alleged unlawful presence on 16 November 2014 fell within the permitted period. Therefore, the conviction and sentence were not in accordance with the law and had to be set aside.

Citation
[2014] ZAFSHC 223
Parties
Respondent: The State; Applicant: Letsoenyeho Mokhali
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 December 2014
Case Number
228/2013
Procedural Posture
Criminal Review / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction and sentence set aside.
Judges
L.B.J. Moeng, C. Van Zyl
Legal Topics
Immigration Act Offence, Unlawful Entry, Passport Validity, Review of Conviction
Criminal Law Immigration Act Offence Unlawful Entry Passport Validity Review of Conviction

Case Brief

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Parties

The State

Respondent

Letsoenyeho Mokhali

Applicant

Procedural Posture

Criminal Review / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the accused unlawfully entered or remained in South Africa contrary to the Immigration Act.
  2. 2 Whether the conviction and sentence were valid given the accused's possession of a valid passport and lawful entry.

Ratio Decidendi

The accused was convicted and sentenced for unlawfully entering or remaining in South Africa. However, the record showed that he was a citizen of Lesotho, possessed a valid passport, and had lawfully entered South Africa on 26 October 2014, with permission to remain until 25 November 2014. The alleged unlawful presence on 16 November 2014 fell within the permitted period. Therefore, the conviction and sentence were not in accordance with the law and had to be set aside.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence are set aside.