Landlord charged for renting to foreigner accused of rape, legal expert provides clarity on the law

• South Africans could face serious trouble with the law if they are 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 when it comes to helping undocumented aliens

Providing shelter or employment to illegal aliens can land South Africans in trouble.

Illegal immigrants have been in the news lately, with foreign-owned spaza shops and the rape and murder of a six-year-old girl making headlines.

A landlord in Soweto recently opened a case against him after he rented out a shack to Pethe Simiao, the man accused of rape and murder a six year old girl.

Landlords who rent out properties to foreigners for spaza shops have also come into conflict with community members.

Although the focus has been on the foreigners themselves, it is important to remember that South Africans can also be prosecuted for assisting foreigners.

Providing shelter to illegal immigrants is a crime

Exclusively spoken against Short newsClaudia IJ Pizzocri of Eisenberg & Associates Inc. explained what would happen to locals who harbored undocumented foreigners, whether knowingly or unknowingly.

Eisenberg & Associates Inc. are South African immigration and citizenship lawyers.

“Providing shelter to an illegal alien falls within the offense of aiding and abetting an illegal alien within the meaning of the South African Immigration Act 2002,” she said.

“These violations may result in criminal charges,” she added.

What does the law say?

Section 42(1) of the Act states:

(1) Subject to this Law, and except for necessary humanitarian assistance, no person,

will aid, encourage, assist, enable or in any way assist – (a) an illegal alien; or

(b) a foreigner in relation to any matter, conduct or transaction contrary to law

the status of such alien, if applicable, including but not limited to – (viii)

hosting them, including providing accommodation; or (ix)

rent, sell or in any way make available to him or her real estate in the Republic.

Providing shelter for immigrants or renting real estate isn’t the only way you can get into trouble.

According to Pizzocri, the employment of an illegal alien also constitutes complicity within the meaning of Article 42(1) of the law.

What punishments await people

According to Pizzocri, those found guilty of violating the law could be fined or jailed.

Anyone guilty of harboring and/or harboring an illegal immigrant faces a fine or prison sentence. The term of imprisonment shall not exceed five years.

Anyone who knowingly employs an illegal alien or a foreign national will also be punished with a fine or imprisonment for a maximum period of one year. A second violation of the law is punishable by a prison sentence of up to two years or a fine.

“Third or subsequent convictions are punishable by a prison sentence of up to five years, without the possibility of a fine,” Pizzocri said.

How can South Africans verify someone’s legal status?

Verifications can be performed directly with the Ministry of the Interior (DHA) or through the MIE, the largest background screening and vetting company in southern Africa.

You can contact the DHA by email to verify a visit. The official email address is [email protected].

The MIE also offers visa and permit verification services for a fee. The website is https://www.mie.co.za/services/visa.

Landlord in trouble for renting to rape suspect

Short news previously reported how SAPS opened a case against the landlord who rented a cabin to the man suspected of rape in Soweto.

Mozambican Phethe Simiao is said to be in the country illegally, but rented a hut in Orlando East in Soweto.

South Africans couldn’t understand why the landlord was in trouble and said Home Affairs needed to do more to keep foreigners out.

Source: Kort Nieuws