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The Landlord Accused of Giving Rent to a Foreigner Accused of Rape Clarified the Law from a Legal Expert
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The Landlord Accused of Giving Rent to a Foreigner Accused of Rape Clarified the Law from a Legal Expert

  • South Africans could face serious trouble with the law if convicted of aiding and abetting illegal immigrants
  • A homeowner in Soweto was recently accused of renting a cottage to a Mozambican national accused of rape and murder
  • A legal expert explains what violates the law when it comes to helping undocumented foreign nationals
If you aid and abet an illegal immigrant, you may be breaking the law.
A legal expert has revealed how South Africans could be in serious trouble if found guilty of aiding and abetting foreign nationals. Image: RUNSTUDIO/ Fani Mahuntsi.
Source: Getty Images

Providing shelter or employment to illegal foreign nationals South Africans he is in trouble.

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

A landlord in Soweto recently had charges filed against him after he rented a cottage to Pethe Simiao. Man accused of rape and murder A six year old girl.

Landlords who rented property to foreigners for spaza shops also found themselves in hot water with community members.

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While the focus is on foreign nationals, it is important to remember that South Africans can also be prosecuted for assisting foreign nationals.

It is a crime to provide shelter to illegal immigrants

to talk privately News in briefClaudia IJ Pizzocri of Eisenberg & Associates Inc. detailed what would happen to locals who knowingly or unknowingly provided shelter to undocumented aliens.

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 under the South African Immigration Act 2002,” he said.

“These crimes can result in criminal charges,” he added.

What does the law say?

Article 42(1) of the law reads as follows:

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

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(a) aid, abet, aid, enable or in any way assist an illegal alien; or

(b) a foreigner with respect to any infringing matter, conduct or action.

where applicable, the status of the alien in question, including but not limited to: (viii)

to accommodate them, including providing accommodation; or (ix)

Leasing, selling or making available for use in any way any immovable property in the Republic.

Providing shelter to immigrants or renting property isn’t the only way to get into trouble.

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

Penalties people may face

According to Pizzocri, offenders who run afoul of the law could face fines or imprisonment.

Anyone guilty of harboring and/or providing shelter to an illegal immigrant may be fined or imprisoned. The prison sentence cannot exceed five years.

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Any person who knowingly employs an illegal alien or a foreigner shall also be punished with a fine or imprisonment for a term not exceeding one year. A second violation of the act is punishable by imprisonment for a term not exceeding two years or by a fine.

“Third or subsequent convictions will 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 made directly at: Ministry of the Interior (DHA) or through MIE, South Africa’s largest background screening and investigation company.

DHA can be contacted via email to verify the visit. The official email address is [email protected].

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

Landlord who rented a house to rape suspect is in trouble

News in brief We previously reported how SAPS filed a lawsuit against the company. home owner renting a cottage Man accused of rape in Soweto.

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It was learned that Phethe Simiao, a Mozambican national, was in the country illegally but rented a cabin in Soweto, East Orlando.

South Africans couldn’t understand why the homeowner was in trouble, saying the Home Office should have done more to keep foreigners out.

Source: News in Brief