Landlord charged with renting to foreigner accused of rape, legal expert clears up law

• South Africans could face serious legal problems if found guilty of aiding illegal immigrants.
• A Soweto landlord was recently charged with renting a hut to a Mozambican national accused of rape and murder.
• A legal expert explained what is a violation of the law when providing assistance to undocumented foreign citizens

Providing asylum or employment to illegal foreign nationals may result in South Africans in trouble.

Illegal immigrants were in the news lately, foreign-owned spa shops and the rape and murder of a six-year-old girl have made headlines.

A case was recently brought against a Soweto homeowner after he rented out a hut to Pete Simiao, man accused of rape and murder six year old girl.

Landlords who rent out properties to foreigners for spa shops have also found themselves in trouble with community members.

While the focus is on the foreign nationals themselves, it is important to remember that South Africans can also be held accountable for helping foreigners.

Providing shelter to illegal immigrants is a crime

Speaking exclusively to Brief newsClaudia I. J. Pizzocri of Eisenberg & Associates Inc. detailed what will happen to local residents who knowingly or unknowingly provide asylum to undocumented foreigners.

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

“Granting asylum to an illegal alien falls under the criminal offense of aiding an illegal alien under the South African Immigration Act 2002,” she said.

“These offenses may result in criminal penalties,” she added.

What does the Law say?

Section 42(1) of the Law states:

(1) Subject to this Law and with the exception of necessary humanitarian assistance, no person

shall aid, abet, assist, procure or in any way assist – (a) an illegal alien; or

(b) a foreigner in relation to any matter, conduct or transaction which violates

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

their shelter, including the provision of housing; or (ix)

lease, sell or otherwise make available to him or her any immovable property in the Republic.

Providing shelter to immigrants or renting property is not the only way to get into trouble.

According to Pizzocri, hiring an illegal alien also constitutes aiding and abetting under Section 42(1) of the Act.

What punishments can people face?

Those found violating the law face fines or jail time, Pizzocri said.

Anyone found guilty of harboring and/or providing asylum to an illegal immigrant is subject to a fine or imprisonment. The term of imprisonment does not exceed five years.

A person who knowingly employs an illegal alien or alien is also subject to a fine or imprisonment for up to one year. A second violation of the law is punishable by imprisonment for up to two years or a fine.

“A third or subsequent conviction is punishable by up to five years in prison without the possibility of a fine,” Pizzocri said.

How can South Africans confirm someone’s legal status?

The check can be performed directly using Ministry of Internal Affairs (DHA) or through MIE, the largest background check company in South Africa.

DHA can be contacted by email to confirm your visit. Official email address: [email protected].

MIE also offers paid visa and permit verification services. Website https://www.mie.co.za/services/visa.

Landlord in trouble for renting to accused rapist

Brief news It was previously reported how the Union of Right Forces opened a case against homeowner who rented a cabin man suspected of rape in Soweto.

Mozambican national Pete Simiao is believed to be in the country illegally but renting a hut in Orlando East in Soweto.

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

Source: Brief news