UNLAWFUL IMMIGRANT

S v NTSHONYANE AND ANOTHER 2015 (2) SACR 70 (FB)
Verdict — Correction of — Charge and conviction of — Contravention of Aliens Control Act 96 of 1991 — Aliens Act had been repealed in entirety by Immigration Act 13 of 2002 — Section 9(4) of new Act was new version of s 23(a) of repealed Act — Although it was doubtful that conviction under s 9(4) could be seen as competent verdict on charge under s 23(a), in terms of s 54 of new Act anything done under provisions of law repealed by that Act and which could have been done under new Act was deemed to have been done under new Act — No prejudice to accused if conviction and sentence were deemed to have been imposed in terms of new Act.

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