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Mavericks permit bid denied

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Mavericks strip club in Cape Town. Photo: Tracey Adams

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

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Joe Joseph, wrote

IOL Comments
02:16pm on 10 February 2012
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@Joe Joseph, I agree with you about casinos - they are simply exploitation of the desperate. Family values includes being against casinos. If the women were trafficked into SA they would have been told they could do decent jobs here and then had their passports confiscated when they got here and been told they had to pay back their airfares when they are probably penniless. I am not saying they are victims of trafficking, but the possibility should be investigated. Strip clubs are dehumanizing and degrading, whether the spectators are men or women. Family values matter, because they are the foundations of all decent societies.

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Joe Joseph, wrote

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02:07pm on 9 February 2012
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@Linda Yates, I doubt he was being sexist by calling them girls. FYI any place of work, be it a hair salon, spa etc where there are people providing a service, that does not pay salaries requires “rent” from the person generating an income within the said business space. The bottom line is that these women are generating an income in a job that they chose, some of whom support entire families back home with the money they make. How can this be exploitation of women when they have chosen this line of work? Ladies nights have men stripping, I have never heard of men complaining about being exploited, even when they are treated as an object by the female spectators. They are one and the same and therefore you should get off your moral high horse. As for the breakdown in family values, if your families values are against people going to strip clubs or ladies nights, then lets hope your children and husband are well trained enough to not venture into these types of establishments. Rather focus you efforts on things like Casino's. They are always build right next to suburbs of desperate people and are a far greater threat to the breakdown of families and their core values. I've never heard of someone losing their house because of going to get a lap dance, and if you have, please let me know who the stripper is so I can go for a lap dance. She sounds amazing.

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Joe Joseph, wrote

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02:04pm on 9 February 2012
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@Linda Yates, I doubt he was being sexist by calling them girls. FYI any place of work, be it a hair salon, spa etc where there are people providing a service, that does not pay salaries requires “rent” from the person generating an income within the said business space. The bottom line is that these women are generating an income in a job that they chose, some of whom support entire families back home with the money they make. How can this be exploitation of women when they have chosen this line of work? Ladies nights have men stripping, I have never heard of men complaining about being exploited, even when they are treated as an object by the female spectators. They are one and the same and therefore you should get off your moral high horse.

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Linda Yates, wrote

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03:37pm on 6 February 2012
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Why does Shane Harrison call them "girls" when they are grown women? Why does he hire women from Eastern Europe? Why do they pay to "dance" at Mavericks? Who holds their documents and where do they stay? Are they free to leave? Why do strip clubs love to call themselves "gentlemen's clubs" when they are anything but? Why doesn't Shane Harrison go and earn a decent living doing something useful that does not involve the exploitation of women and the breakdown of family values?

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Gabriel Douglas, wrote

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04:03pm on 4 February 2012
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why do we need exotic dancers from overseas? our girls have perfectly lovely twinkles and bits. local is lekker!

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Anonymous, wrote

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02:20pm on 4 February 2012
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In his judgement the honourable Judge has indicated that currently Mavericks have several dancers illegally dancing. I would like to ask the honourable Judge how he comes to this conclusion bearing in mind that the only case involving alleged illegal employees against Mavericks was postponed till March and no judgement has therfore been handed down? Surely the honourable Judge is pre-empting the outcome or, if he is not, then he is surely mistaken and flawed in his logic?

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