Judge expresses human trafficking concern for ‘exotic dancers’
|||The future of foreign dancers at Cape Town strip club Mavericks lies in the balance, after the Western Cape High Court ordered the Human Rights Commission to probe their inhumane employment conditions.
Yesterday High Court Judge Siraj Desai, dismissed an urgent application to stop the Department of Home Affairs terminating its corporate permits, with costs, by applicants Mavericks Revue CC and three of its employees, Diana Gorgos, Irina Yatsenko and Patrizia Meynet.
They were seeking an interdict to bar the department from permanently revoking their permits after a decision taken in October by Home Affairs. This effectively meant all the club’s foreign dancers employed in terms of the permits would have to leave SA by the beginning of November .
In his ruling, Judge Desai agreed with Home Affairs that Mavericks had violated the regulations of the Immigration Act, and failed to adhere to the conditions specified on the authorisation certificate for the workers.
A Home Affairs report submitted to the court said Mavericks regarded its corporate workers as independent contractors, rather than employees. The dancers were required to pay R2 000 a week to “dance”.
This was viewed as a violation of the authorisation certificate, which referred specifically to an employer- employee relationship.
Judge Desai also dismissed Mavericks’ claim that it would “go broke” within a few months if the permits were cancelled. “If regard is had to its income statement, it appears that there is no merit to this submission.”
The judge also dismissed the claims of the three employees that they would be uprooted from their homes if their permits were revoked.
“If and when the temporary residence permits of the second to fourth applicants are cancelled, the process described in the Immigration Regulations Act will be followed. They will then be given an opportunity to make presentations to the director general of the Department of Home Affairs as to why their temporary residence permits should not be cancelled.”
Mavericks owner Shane Harrison said after the proceedings that he was shocked at the judgment, and would very likely appeal.
Harrison’s lawyers have also launched a judicial review against the with- drawal of the permits, which began yesterday.
In the final section of judgment, Judge Desai said there was some concern about the living conditions and arrangement of these “so-called” exotic dancers, which could constitute human trafficking.
Harrison responded to the allegations of human trafficking with an invitation to the authorities to inspect his premises. “We have agents, lawyers and contracts. Everything is done by the book. The girls are happy here and that’s why they stand with us…” he said. - Saturday Star