Women who marry foreigners for cash could be jailed for 15 years

South African women selling their hands in marriage to foreigners seeking residents’ permits beware: your actions are criminal.

Divorce lawyer Bertus Preller said a marriage of convenience in exchange for cash could land culprits 15 years in jail.

The New Age reported yesterday that a syndicate was selling sham marriages to foreigners to ease their applications for permits.

The transaction was done by an agent who provided the woman and a minister to solemnise the union‚ it said.

While this may be lucrative‚ with women earning between R500 and R2 000 a month‚ the consequences are costly.

“South Africans who agree to enter into fake marriages so that foreigners can get work and residential permits could face charges‚ including perjury‚ in terms of the Marriage Act‚ Civil Union Act and Immigration Act,” Preller said

“The SA Citizenship Amendment Act imposes stiff penalties of up to 15 years in jail on both the foreigner and the South African helping the foreigner to obtain citizenship by means of an illegal marriage of convenience.”

Marc Gbaffou, of the Africa Diaspora Forum, said sometimes the foreign husband believed the marriage was legitimate‚ only to discover later that his wife was only interested in his money and wanted out.

“Some are told: ‘I have a man. We weren’t married and he was in prison. He is coming out so I need to cancel this marriage’.”

Preller said such marriages might be annulled as they were voidable due to fraud.

The husband‚ wife or the Department of Home Affairs may launch an application in court to have the marriage annulled.

“The court can declare the marriage at an end‚” he said.

If a marriage was entered into without the consent or knowledge of one party‚ it is void.

The aggrieved party may approach the Department of Home Affairs and request that it restore his or her marital status to what it was before‚ Preller said.

Home Affairs spokesman Thabo Mokgola confirmed that women approached the department trying to back out of such fake marriages.