The arrest of a Russian exotic dancer has led to the overturning of parts of a debt law which allowed for the arrest of people who owed money and were about to leave the country.

The Constitutional Court ruling concerned Tatiana Malachi, who was brought to South Africa from Moldavia to work for the Cape Dance Academy International and House of Rasputin Properties.

Her contract stipulated that she had to repay costs associated with visas, an air ticket and accommodation and that she had to hand her passport over to a company representative.

When she decided to leave the country her employers would not return her passport, saying she still owed them R100000.

When her employers learned that she had secured the help of the consul general of Russia and planned to leave the country on July 9 last year, they had her arrested, in terms of an order granted by the Cape Town Magistrate's Court on the grounds that money was owed and she was a flight risk.

She then challenged her arrest, saying it was unconstitutional and violated her rights.

In his judgment, Justice Mogoeng wa Mogoeng said this law allows for the arrest of someone who owes as little as R40 without it being proved that the money is owed.

Mogoeng also said the law's object was to keep the person within the court's jurisdiction, not necessarily to force the debtor to pay the claim, although the fear of arrest often made people pay up.

Mogoeng also ordered the release from prison of anyone being held for an unpaid debt.