Landlord Charged for Renting to Foreigner Accused of Rape, Legal Expert Provides Clarity on the Law
- South Africans can get into serious trouble with the law if found guilty of aiding and abetting illegal immigrants
- A landlord in Soweto was recently charged for renting a shack to a Mozambican national accused of rape and murder
- A legal expert has broken down what constitutes breaking the law in relation to aiding undocumented foreign nationals
Source: Getty Images
Providing shelter or employment to illegal foreign nationals can land South Africans in trouble.
Illegal immigrants have been in the news of late, with foreign-owned spaza shops and the rape and murder of a six-year-old girl making headlines.
A landlord in Soweto recently had a case opened against him after he rented a shack to Pethe Simiao, the man accused of raping and killing a six-year-old girl.
Landlords renting property to foreigners for spaza shops have also found themselves in hot water with community members.
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While the focus has been on the foreign nationals themselves, it’s important to remember that South Africans can also be prosecuted for helping foreigners.
Providing shelter for illegal immigrants is a crime
Speaking exclusively to Briefly News, Claudia I J Pizzocri from Eisenberg & Associates Inc. detailed what would happen to locals who provided shelter to undocumented foreigners, either knowingly or unknowingly.
Eisenberg & Associates Inc. are South African Immigration and Citizenship Lawyers.
“Providing shelter to an illegal foreigner falls within the offence of aiding and abetting an illegal foreigner in terms of the South African Immigration Act of 2002,” she said.
“These offences may result in criminal charges,” she added.
What does the Act say?
Section 42(1) of the Act reads:
(1) Subject to this Act, and save for necessary humanitarian assistance, no person,
shall aid, abet, assist, enable or in any manner help - (a) an illegal foreigner; or
(b) a foreigner in respect of any matter, conduct or transaction which violates
such foreigner’s status, when applicable, including but not limited to – (viii)
harbouring them, which includes providing accommodation; or (ix)
letting or selling or in any manner making available any immovable property in the Republic to him or her.
Providing shelter to immigrants or renting property isn’t the only way you can get in trouble.
According to Pizzocri, employing an illegal foreigner also constitutes aiding and abetting as per section 42(1) of the Act.
What punishments people could face
According to Pizzocri, those guilty of contravening the act could face a fine or imprisonment.
Anyone guilty of harbouring and/or providing shelter to an illegal immigrant is liable to a fine or imprisonment. The term in prison is not exceeding five years.
Anyone knowingly employing an illegal foreigner or a foreigner is also liable to a fine or imprisonment not exceeding one year. A second contravention of the act shall be punishable by imprisonment not exceeding two years or a fine.
“Third or subsequent convictions shall be punishable by imprisonment not exceeding five years without the option of a fine,” Pizzocri said.
How can South Africans verify someone's legal status?
Verifications can be done directly with the Department of Home Affairs (DHA) or via the MIE, the largest background screening and vetting company in Southern Africa.
The DHA can be contacted by email to verify a visit. The official email is VisaVerifications@dha.gov.za.
The MIE also offers visa and permit verification services at a cost. The website is https://www.mie.co.za/services/visa.
Landlord in trouble for renting to rape accused
Briefly News previously reported how SAPS opened a case against the landlord who rented a shack to the man suspected of rape in Soweto.
Mozambican national Phethe Simiao is understood to be in the country illegally but was renting a shack in Orlando East in Soweto.
South Africans couldn’t understand why the landlord was in trouble, saying that Home Affairs should do more to keep foreigners out.
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Source: Briefly News
