Minister of the Interior v Farmer [1914] ZATPD 30 (27 March 1914)

lnimigration.-Warrant of re1moval of undesirable.-Essential   in.-0mission of.-Cannot be cured by affidavit of Minister.-Act 22 of 1913, sec. 22. *

A warrant issued under section 22 of Act 22 of 1913 for the removal of a· person from the Union should, in order to be valid, set out (1) the fact that such person has been sentenced to imprisonment for an offence specified· in the section,. and (2) the faet that such. person has been deemed by the Minister
to be an undesirable inhabitant of the Union by reason of the circumstances connected with the offence.
A warrant for the removal of F stated (inte1· alia) that he "had been deemed by the Minister to be an undesirable inhabitant of the Union, inasmuch as he had been sentenced to imprisonment for an offence referred to in par. (c)" of section 22. Held, that the warrant was not in accordance with the law, and was invalid. Held further, that an affidavit by the Minister to the effect that he did consider the circumstances connected with the offence, and that by reason thereof he deemed F an undesirable inhabitant of the Union, did not cure the defect in the warrant. Held (per CuRLEWIS and GREGOROWSKI, JJ.), that it was not necessary for the Minister to set out in the warrant the circumstances connected with the offence on which he deemed such person to be an undesirable.