Illegal Kenyans to lose profits, assets
High-flyers get the boot

By Adrienne Carlisle

GRAHAMSTOWN -- Two high-earning insurance brokers with apparently authentic South African birth and identity documents have to leave the country and forfeit hundreds of thousands of rands and all their assets to the state after admitting that they are in fact Kenyans living here illegally.

It became clear this week, after one of the men was unable to tell Judge Bonisile Sandi what his Xhosa clan name was, that they would not win their high court case to have themselves declared bona fide South African citizens.

It is not clear how Julius Kariuki and Clement Kamau, who lived here for six years under their South African aliases Njunguna Julius and Clement Khumalo, obtained their bona fide documents.

However, it was emphasised in the high court here this week that corruption in the Home Affairs Department was rife and that many illegal aliens were issued with similarly ostensibly authentic documentation.

The mistake they made was to focus attention on themselves by bringing a high court application against the Home Affairs aliens control directorate, asking that the high court declare them bona fide South African citizens.

The two investment brokers, who earned a good living, moved against Home Affairs after it effectively shut down their close corporation, Rainbow Financial Services.

The corporation made most of its money through a broking agreement with African Life Assurance. However, Home Affairs last year informed African Life that the two men were illegal aliens and that the company was contravening the Aliens Control Act by doing business with them.

African Life immediately terminated the broking agreement and the two men embarked on legal action to force the department to recognise their alleged South African citizenship so that the agreement could be reinstated.

Under rigorous cross-examination by Advocate Glen Goosen this week, Kariuki was unable to maintain his South African facade. He contradicted himself a number of times and claimed to have been born in Motherwell, Port Elizabeth, in 1971, long before the township had apparently been established.

His story was further shaken when he was unable to respond to a query from Judge Sandi about his Xhosa clan name.

He and Kamau finally caved in and admitted they were Kenyan-born, had obtained spurious documentation and were in the country illegally.

They consented to a court order, according to which they must be out of the country within a month. They will also have to forfeit about R220 000 commission owed to them by African Life, all the money in their accounts, their homes and 4X4 vehicles.

Advocate Goosen, instructed by Netteltons, appeared for Home Affairs and Advocate Jock McConnachie, instructed by Whitesides, appeared for Kariuki and Kamau.