• South Africans can get into serious trouble with the law if they are found guilty of supporting illegal immigrants
• A Soweto landlord was recently charged for renting a shack to a Mozambican national accused of rape and murder
• A legal expert has broken down what it means to break the law when it comes to assisting undocumented aliens

Providing shelter or jobs to illegal aliens can land south africans in trouble.

Illegal immigrants were 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 was recently prosecuted after renting a shack to Pethe Simiao, man accused of rape and murder a six-year-old girl.

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

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

Providing shelter to illegal immigrants is a crime

Speaking exclusively to News in briefClaudia IJ Pizzocri of Eisenberg & Associates Inc. detailed what would happen to locals who harbor undocumented aliens, either knowingly or unknowingly.

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

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

“These offenses can lead to criminal charges,” she added.

What does the Law say?

Section 42(1) of the Act provides:

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

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

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

foreigner status, when applicable, including but not limited to – (viii)

their accommodation, which includes accommodation insurance; or (ix)

renting or selling or in any way making available any immovable property in the Republic.

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

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

What punishments could people face?

According to Pizzocri, those guilty of violating the deed risk a fine or imprisonment.

Any person guilty of harboring and/or providing shelter to an illegal immigrant is liable to fine or imprisonment. The prison sentence does not exceed five years.

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Any person who knowingly employs an illegal alien or alien is also liable to a fine or imprisonment for not more than one year. A second contravention of the act is punishable by imprisonment for a maximum of two years or a fine.

“Third or subsequent convictions will be punishable by up to five years in prison without the option of a fine,” Pizzocri said.

How can South Africans check someone’s legal status?

Checks can be done directly with Department of Internal Affairs (DHA) or through MIE, South Africa’s largest screening and background check company.

DHA can be contacted by email to verify a visit. The official email is [email protected].

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 accused rape

News in brief previously reported how the SAPS opened a case against owner who rented a shack the man suspected of rape in Soweto.

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Mozambican national Phethe Simiao is in the country illegally but was renting a shack in Orlando East in Soweto.

South Africans could not understand why the owner was in trouble, saying Home Affairs should do more to keep foreigners out.

Source: News in brief