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Documented on the original SlaveryMap (2008–2016). We don’t have a verifiable source on file yet. Know one?
What happened
Mark Kozhanow, of the House of Rasputin and the Cape Dance Academy, brought Tatiana Malachi into South Africa to work as an exotic dancer in March 2009. Upon her arrival in the Country, Mark Kozhanow informed Malachi that her passport would be held for 30 days so that they could register her with the police. He then kept her passport for the duration of her employment and said he would not return her passport unless she paid him $2000 for her air ticket and R20,000 as levy. Malachi was unable to pay this as she was not earning sufficient income but was instead was obliged to pay R2,700 per week to the club (House of Rasputin). Over the course of her three month 'employment' Malachi had accumulated R120,940 in debt (this also included a R37,000 charge for the agent who located her). Kozhanow has been quoted saying that he knows the recipe for keeping girls who want to leave because they can not pay their travel debts "Immigration Attorney," Says Kozhanow, "He keeps their passports." After one month of working at the club, Malachi approached her employers and voiced a concern over her mounting debt, she said she felt trapped and wanted to go home, but her the club was not interested and wouldn't return her passport. Malachi did not want to do more the strip dance to earn extra tips.
Response and intervention
Tatiana was arrested and imprisoned for two weeks on the charge tanquam suspectus de fuga, which allows a magistrate to issue an arrest warrant for a person suspected of fleeing from an alleged civil debt. She was not given the opportunity to dispute her alleged debt. In July Malachi attempted to leave the club with the help of the Russian consulate and the Dept. of Home Affairs. She was given an emergency passport. A friend bought her a ticket out of the country for July 9, 2009. Just hours before her departure, Tatiana Malachi was arrested and jailed. Koshanow said she had violated her contract (which said that she had to report her whereabouts everday, and work six days a week), she was arrested on the belief that she would leave the country without paying her debt. She spent two weeks in Pollsmoor Prison. An urgent application to the High Court was filed and secured her release, Malachi was then taken back to Moldova, where she hoped to be reunited with her ailing mother. Lawyer Gary Eisenburg challenged the law on her behalf, and on January 7th, it was rule unconstitutional. Local advocates and Lawyer Gary Eisenburg. Was reported in local news as well as Legal Brief Today. See below: 'Top Immigration Lawyer at the helm of Landmark Ruling' Published in: Legalbrief Today Date: Wed 20 January 2010 Category: Constitutional Issue No: On 7 January 2010, Cape Judge President John Hlophe decided that the law enforcing the jailing of a fleeing debtor (tanquam suspectus de fuga) is invalid and unconstitutional. Tatiana Malachi, an impoverished, Moldovan stripper was detained at Pollsmoor Maximum Security Prison for two weeks without the opportunity to plead her case in court. She was at the last minute hauled off a Turkish Airlines flight departing Cape Town by the Department of Home Affairs pursuant to an arrest warrant suspectus de fuga. Through the intervention of the Russian Consulate immigration attorney and Chairman of the Immigration Committee of the International Bar Association launched an urgent application in the Cape High Court. Eisenberg succeeded in having Malachi released from prison. Eisenberg also attacked the constitutionality of this type of arrest warrant. Ms Malachi who was unable to hold her own in English and always assisted by a Russian translator, was arrested for outstanding debts in the sum of R100 000, allegedly owing to a popular strip club, The House of Rasputin, for whom she worked. As her passport was kept from her by The House of Rasputin, she approached the Russian Consulate for emergency travel assistance. Judge Hlophe ruled that the Warrant of Arrest issued in terms of Section 30(3) of the Magistrates Court Act 32 of 1944 and the common law rule of tanqam suspectus de fuga are invalid on the basis that it constituted a disregard for and infringement of Ms Malachi's human rights and ordered that costs be borne by the Minister of Justice. Eisenberg, who has displayed resolute will pursuing this case, despite Ms Malachi having left South Africa, expressed satisfaction at the outcome of this five month-long ordeal. An application is currently being made to the Constitutional Court to confirm the Judgment.