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Immigration and Deportation Act [ No. 18 of 2010 165THE IMMIGRATION AND DEPORTATION ACT, 2010ARRANGEMENT OF SECTIONSPART IPRELIMINARYSectionI. Short title and commencementInterpretationApplicationPART IIIMMIGRATION DEPARTMENTAppointment of Director-General of Immigration and other mmigration staffFunctions of DepartmentPowers of DepartmentDelegation of powers of DepartmentPowers of search of aircraft, train, vehicle or other vesselPowers of arrest of suspects entering ZambiaAppeal proceduresPART IIIPERSONS ENTERING INTO AND DEPARTING FROM ZAMBIAEntry and remaining in ZambiaArrival in ZambiaExamination of entrantsPermit holder to appear before immigration officerSecurity from entrantsDeparture from ZambiaPower to deport illegal immigrantsArrest and detention prior to deportationDuties and liabilities of carriersSingle copies of this Act may be obtained from the Government Printer,P.O. Box 30136, 10101 Lusaka, Price K25,000
166Immigration and DeportationNo. 18 of 2010]PART IVIMMIGRATION PERMITSResidence permitTemporary residence permitDiplomatic permitSpouse permitBusiness permitVisiting visa and visiting permitStudy permitTemporary permitEmployment permit and temporary employment permitInvestor's permitCross border permitAsylum seeker's permitBorder pass and transit permitVariation of conditions of permitRevocation and cancellation of permitPART VPROHIBITED IMMIGRANTS AND HUMAN TRAFFICKINGProhibited immigrantsProhibited immigrant required to leave ZambiaRepresentation against requirement to leave ZambiaSuspected prohibited immigrantsDeportationTrafficking in personsPART VIGENERAL PROVISIONSBorder controlsNational monitoring and information systemObligations of employersEducational institutionsAccommodation establishmentAiding and abetting illegal immigrantsImmigration consultant
Immigration and Deportation Bill INo. 18 of 2010 167Immigration ethicsIllegal immigrants not exempt or allowed to sojourn in ZambiaEvidenceBurden of proofGeneral offencesObstructing, assaulting, etc. immigration officerEngaging in employment, etc. without permitPossession of more than one passport without authorityGeneral penaltyBailForfeiture of vehicle, aircraft, boat or houseRegulationsNotice of serviceRepeal of Cap. 12362. SavingsFIRST SCHEDULESECOND SCHEDULE
Immigration and Deportation Bill I No. 18 of 2010 169GOVERNMENT OF ZAMBIAACTNo. 18 of 2010Date of Assent: 13th April, 2010An Act to consolidate the law relating to immigration;provide for the appointment of a Director-General ofImmigration and other immigration officers and providefor their powers and functions; promote a human rightsbased approach and culture in respect of immigrationcontrols; regulate the entry, exit and remaining withinZambia of immigrants and visitors; provide for prohibitedimmigrants and other specified persons and theirdeportation from Zambia; provide for, and regulate,immigration consultants; create an environment ofcooperation with other public institutions and promote anintegration of functions and harmonisation of operationsamong public institutions controlling borders andactivities at ports of entry; repeal and replace theImmigration and Deportation Act, 1965; and provide formatters connected with, or incidental to, the foregoing.[16thApril, 2010ENACTED by the Parliament of ZambiaPART IPRELIMINARYThis Act may be cited as the Immigration and DeportationAct, 2010, and shall come into operation on such date as the Ministermay, by statutory instrument, appoint.(1) In this Act, unless the context otherwise requires" admission " means the entry into Zambia after beingexamined at a port of entry by an immigration officer;" asylum seeker's permit " means a permit issued undersection thirty-one;EnactmentShort title andcommencementInterpretation
170No. 18 of 2010] Immigration and Deportation" authorised person " means any person to whom any functionof the Department has been delegated to, or conferred on,under section seven;" border " means the national borders of Zambia;" border pass " means a prescribed document authorising aperson to enter and remain temporarily in, or to re-enter,Zambia, and includes any class or description of suchdocument;" business permit " means a permit issued under sectiontwenty-four;" business visitor " means a person coming to Zambia totransact business during the person's stay in Zambia, suchas attending meetings, conferences, arranging of deals andthe signing of contracts and includes—Cap. 53an overseas worker, who is paid by an employerabroad, who comes to Zambia, for a shortperiod, to work, install, erect, repair or serviceforeign-made machinery or equipment;a person who comes to Zambia to advise on thedevelopment of new computer systems orinformation technology; or(c) the provision of any service consisting of advice,training or learning by observation or in aclassroom;" child " includes a child adopted under the AdoptionAct, butdoes not include—a child adopted otherwise than under that Act,unless the Minister is satisfied that thecircumstances of the adoption were such assubstantially satisfy the requirements ofsubsections (1), (2), (3) and (4) of section fourof that Act;a spouse; or(c) a person who has attained the age of twenty oneyears;" citizen " means a citizen of Zambia;" depart " means exiting Zambia from a port of entry incompliance with this Act and "departure" shall beconstrued accordingly;" Department " means the Immigration Department in theMinistry responsible for home affairs;
Immigration and Deportation [ No. 18 of 2010171" deportation " means removing or causing to be removed anillegal immigrant from Zambia, by the Minister, or detainingan illegal immigrant in accordance with this Act and"deport" shall be construed accordingly;" diplomatic permit " means a permit issued under sectiontwenty two;" Director-General of Immigration " means the personappointed as Director-General of Immigration under sectionfour;" educational institution " means an institution, the primaryfunction of which is to provide academic or other instructionestablished or registered under the Education Act, theUniversityAct, 1999, or the Technical Education, \bcationaland Entrepreneurship TrainingAct, 1998;" employer " includes a person contractually bound under anemployment contract or, in the case of a juristic person, itschief executive officer or any person to whom authorityhas been bestowed to make final decisions on humanresources;" employment permit means a permit issued under sectiontwenty eight;" established resident "means, in relation to any date, a personwho is not a citizen or a prohibited immigrant and who hasbeen ordinarily and lawfully resident in Zambia or theformer Protectorate of Northern Rhodesia, or both, forthe period of four years immediately preceding that date,except that no period during which a person—has been confined in a prison consequent on asentence of imprisonment imposed by a court,which sentence has not, on appeal or review,been quashed or varied to a fine;has been an inmate of a mental institution; or(c) has remained in Zambia as an ordinary visitor orin terms of a permit allowing such person for alimited period only so to remain;shall be counted for the purpose of this definition;" foreign country " means a country other than Zambia;" foreigner " means any person who is not a citizen;" illegal immigrant " means a foreigner who is in Zambia incontravention of this Act and includes a prohibitedimmigrant;Cap. 134Act No. IIof 1999Act No. 13of 1998
172 No. 18 of 2010]Immigration and Deportation" immediate family " means a husband, wife or child;Act No. 11of 2006Cap. 30Act No. 22of 2003Cap. 120Cap. 123" immigration assistant " means a person appointed as animmigration assistant in accordance with section four;" immigration consultant " means a person, other than a legalpractitioner, who for remuneration and by trade, representsor acts on behalf of other persons in respect of any of theprocedures or activities under this Act;" immigration officer " means a person appointed as animmigration officer in accordance with section four andincludes the Director-General of Immigration and, inrelation to the exercise of any power or the performanceof any duty, any person on whom such power or duty hasbeen conferred or imposed under this Act;" investor " means any person, natural or juridical, who is nota citizen, investing in Zambia in accordance with the ZambiaDevelopment Agency Act, 2006, or under any other law;"investor's permit" means a permit issued under sectiontwenty nine;" legal practitioner " has the meaning assigned to it in theLegal Practitioners Act;" national document of identity " means a national registrationcard or passport;" ordinary visitor" means any visitor, including a tourist andany person visiting friends and relatives in Zambia, otherthan a business visitor;passport " has the meaning assigned to it in the PassportsAct, 2003;" port of entry " means a place where a person has to reportbefore entry into, sojourning in, remaining within, ordeparting from, Zambia;" prohibited immigrant " has the meaning assigned to it insection thirty five;" refugee " has the meaning assigned to it under the Refugees(Control) Act;" removal " means removing an illegal immigrant, by animmigration officer, on the order of the Director-Generalof Immigration, but does not include deportation;" repealed Act " means the Immigration and DeportationAct, 1965;
Immigration and Deportation [ No. 18 of 2010 173" residence permit " means a permit issued to any personunder section twenty;" spouse " means a husband or wife, whose marriage wassolemnised under the Marriage Act, the laws of a foreigncountry or under the Zambian customary law;Cap. 50" spouse permit "means a permit issued under section twentythree;" status " means the status of a person as determined by therelevant permit granted to that person under this Act;" study permit " means a permit issued under section twentysix;" subordinate court " means a court constituted under theSubordinate Courts Act;" temporary employment permit " means a permit issued undersection twenty eight;Cap. 28" temporary permit " means a permit issued under sectiontwenty seven;" temporary residence permit " means any of the permitsspecified under section twenty one;" traffic " has the meaning assigned to it in the Anti-HumanTraffickingAct, 2008;Act No. 11of 2008" transit permit " means a permit issued under subsection (4)of section thirty-two;" visa " means an endorsement on a valid passport of aforeigner, which is confirmed by examination by animmigration officer at the port of entry, granting that personthe authority to enter Zambia;"visiting permit" means a permit issued under section twentyfive;" work " includes the following:conducting any activity normally associated withthe running of a specific business; orbeing employed or conducting activities consistentwith being employed or with the profession ofthe person, with or without remuneration orreward;Zambia Development Agency " means the Agencyestablished under the Zambia Development Agency Act,2006; andAct No. 11of 2006
174 No. 18 of 2010]Cap. 321ApplicationImmigration and Deportation"Zambia RevenueAuthority " means theAuthority establishedunder the Zambia Revenue Authority Act.3. (1) Subject to subsection (2), Parts IV and V shall not applyto anycitizen;established resident; or(c) immediate family of a citizen or established resident;and such persons shall be entitled to enter and re enter into, and toremain within, Zambia.(2) Notwithstanding subsection (1), Parts IV and V shall applyto any personarriving in or departing from Zambia until the personsatisfies an immigration officer that such person is aperson to whom subsection (1) relates; orwho is an established resident for the purpose of theexercise by the Minister of the Minister's powers underthose Parts.PART III MMIGRATION DEPARTMENT4. (1) The Public Service Commission shall appoint, as publicAppointmentof Directorofficers, a Director-General of Immigration, immigration officers,General ofimmigration assistants and such other staff, for the ImmigrationImmigrationand otherDepartment within the Ministry responsible for home affairs, asstaffshall be necessary for the proper administration of this Act.A person shall not be appointed as a Director-General ofImmigration unless the person has expertise in matters ofimmigration, administration or securityThe Director-General of Immigration may be removed fromoffice if the Director-Generalis declared to be of unsound mind;is in breach of any code of conduct provided for underthis Act;is found guilty of any corrupt practice;is incompetent to perform the functions of the office ofthe Director-General;(e) is an undischarged bankrupt;02 is found guilty of any misbehaviour or misconduct; or(g) is convicted of an offence under any law and sentencedto imprisonment for a period exceeding six months.
Immigration and Deportation { No.18 of 2010 175(4) If the Public Service Commission considers that thequestion of removing the Director-General of Immigration underthis section ought to be investigated, then—the Public Service Commission shall appoint a tribunalwhich shall consist of three senior public officers; andthe tribunal shall inquire into the matter and report on thefacts thereof to the Public Service Commission andadvise the Public Service Commission whether theDirector-General of Immigration ought to be removedfrom office.(5) Where a tribunal appointed under subsection (4) advisesthe Public Service Commission that the Director-General ofImmigration ought to be removed from office, the Public ServiceCommission shall remove the Director-General of Immigration fromoffice.If the question of removing the Director-General ofImmigration from office has been referred to a tribunal undersubsection (4), the Public Service Commission may suspend theDirector-General of Immigration from performing the functions ofthe office of the Director-General of Immigration, and any suchsuspension may at any time be revoked by the Public ServiceCommission and shall in any case cease to have effect if the tribunaladvises the Public Service Commission that the Director-Generalof Immigration ought to be removed from office.This section shall not be construed as preventing the PublicService Commission from exercising the Commission's powersunder any law relating to the security services.5. (1) The Director-General of Immigration shall, subject tosection seven, be responsible for the administration of thisAct andthe exercise of the Department's functions as provided under thisAct.(2) The functions of the Department are to—control all borders as provided under this Act;administer and regulate all ports of entry;(c) regulate the migration of any person to Zambia but at thesame time promoting economic growth, encouraging thetraining of citizens and residents by employers by thefollowing, as the case may be:(i) ensuring that businesses in Zambia may employskilled foreigners who are needed, especially insectors that are reliant on internationalexchanges of people and personnel, as providedunder any other law;Functions ofDepartment
176 No. 18 of 2010]Immigration and Deportationenabling exceptionally skilled or qualified people tosojourn in Zambia; orfacilitating the movement of students and academicstaff, within the Southern African DevelopmentCommunity and the Common Market for Eastand Southern Africa, for study, teaching andresearch;assist in the prosecution of any offence under this Act; andmaintain public records showing funds received orcollectedfrom foreign countries to defray the cost ofrepatriating illegal foreigners originating from theircountry, as determined through internationalrelations and agreements;from donors or other sources; and(iii) from other fees and fines imposed or received bythe Department under this Act.(3) The Director-General of Immigration shall, in carrying outthe functions of the Department, as specified under subsection (1)-promote a human rights based approach and culture inrespect of migration control;facilitate and simplify the issuance of permits to those whoare entitled to them;(c) create an environment of cooperation and consultation withother public institutions by establishing advisory interdepartmental committees so as to enable the other publicinstitutions to perform their functions, that impact on thisAct, within the context of this Act and the ambit of theirrespective powers and functions;create a climate of cooperation with communities andorgans of civil society, including trade unions, to encouragethem to cooperate with the Department in the applicationand implementation of thisAct;in consultation with the Commissioner for refugees andany other relevant body, educate communities and organsof civil society on the rights of foreigners and refugees;(fiorganise and participate in community fora or othercommunity based organisations to deter xenophobia andeducate the citizenry on migration issues;(g) in cooperation with the Ministry responsible for foreignaffairs-
Immigration and Deportation [ No. 18 of 2010 177promote programmes in foreign countries withthe aim of deterring people from becomingillegal immigrants; andtable the need for cooperation in controllingmigration towards Zambia on the agenda ofrelations with foreign countries and negotiatingappropriate measures and agreements with suchforeign countries;(h) ensure the uniform application of this Act;(0 ensure the efficient and effective operation of theDepartment;(j)administer the prescribed fees, fines and other paymentsthat the Department exacts or receives in such a fashionas to defray the overall cost of the Department'soperations;(k) liaise or interface with organs of foreign countries orinternational institutions dealing with migration or lawenforcement, especially, but not exclusively, to fightterrorism, arms trafficking, human trafficking, drugtrafficking, human smuggling, and organised crime; and(/) conduct any other activity specified under this Act or thatis necessary for or conducive to its implementation.The Director-General of Immigration shall ensure that everyimmigration officer shall, when performing any of the functions ofthe Department, abide by the provisions of paragraphs (a), (b) and(c) of subsection (3).The Department shall establish and train an investigativeunit to detect illegal immigrants, monitor compliance with the termsand conditions of permits, control borders and perform any otherfunction under this Act or which may be delegated to it.The Department shall have officers in missions abroad orin any public or statutory body in order to promptly and effectivelyexercise the functions of the Department.An officer in a mission abroad shall serve as an immigrationattache for a term of three years and may be re-appointed for afurther term of three years.6. Subject to, and for the purposes of, this Act, through itsduly authorised officers, the Department may —(a) enter, without warrant, any workplace and inspectemployment records;Powers ofDepartment
178 No. 18 of 20101Immigration and Deportationinspect workplaces in the prescribed manner to ensurethat no illegal immigrant is employed and that foreigners,if any, are employed in the job description and at theterms and conditions set out in their permits, and thatthe relevant fees, if any, have been paid;inspect any educational institution to ensure that llegalimmigrants are not enrolled at the institution;(d) liaise with other law enforcement officers toensure that the identity of people who are arrested,detained or convicted is checked for thepurposes of this Act; andeducate and instruct law enforcement agenciesto detect illegal immigrants and report them tothe Department;(e) liaise with the Zambia Revenue Authority and the ZambiaDevelopmentAgency to ensure that the identity of peoplewho contravene the provisions of the laws administeredby the Authority or Agency or who intend to invest inZambia is checked for the purposes of this Act;02 exercise any power relevant to, or necessary for, thefunctions set out in subsection (2) of section five;request any public institution(i) to take action or adopt procedures to ensure thatthe recipients of their services are identified ascitizens or foreigners; and(ii)that provides services, or issues permits,concessions or other authorisations to subjectthe applicant to proof of status or citizenship;apprehend, detain and remove any illegal immigrant;(i) remove illegal immigrants who are unwilling to leaveZambia;Wenter and search, without a warrant, any premises, tradingarea, residential area or dwelling house which the officerhas reasonable grounds to believe have evidenceconnected with a contravention of this Act;(k) search, with a warrant issued by a court, the bank account,share account, expense account or safe deposit, of anyperson, which the officer has reasonable grounds tobelieve have evidence connected with a contraventionof this Act;
Immigration and Deportation [ No. 18 of 2010 179(1) enter into an agreement with any person, including anydepartment of Government, under which the Departmentshall be authorised to make use of any of the facilities,equipment or personnel belonging to, or under the controlof, or in the employment of, such person or department;and(m) exercise any other power specified by this Act or necessaryfor, or conducive to, its implementation.7. (1) The Director-General of Immigration may, in writingand subject to such restrictions, reservations, exceptions andconditions as the Director-General of Immigration may think fit,delegate to an immigration officer or other authorised persons theexercise of all or any of the functions or powers conferred on theDepartment by or under this Act, except that no such delegationshall prevent the exercise by the Director-General of Immigrationof any delegated power.The Director-General of Immigration may, in writing, revokeor vary any delegation made, under subsection (1), of any powerincluded in the delegation instrument.The Minister may, by statutory order, confer any powerand any duties of an immigration officer, under this Act, on anypublic officer or class of public officers.8. For the purpose of discharging any function under this Act,an authorised officer may—without warrant, stop, enter and search any aircraft, train,vehicle or vessel entering in Zambia; andDelegation ofpowers ofDepartmentPowers ofsearch ofaircraft, train,vehicle orother vesselrequire the person in charge of any aircraft, train, vehicleor vessel entering in Zambia to furnish a list of the namesof all persons in the aircraft, train, vehicle or vessel, asthe case may be, and such other prescribed informationas it is within the power of such person to furnish.9. (1) Any person entering Zambia, whom an immigration Powers ofofficer suspects to have committed an offence under this Act, shall arrest ofgive that person's name and address and any national document of suspectsenteringidentity to an immigration officer on request.Zambia(2) An immigration officer may, without a warrant, arrest anyperson referred to in subsection (1) if that person refuses or fails tofurnish, or gives false information of, that person's name and addressto the immigration officer.
180 No. 18 of 20101AppealproceduresEntry andremaining inZambiaArrival inZambiaImmigration and Deportation10. (1) After making a decision, under thisAct, which adverselyaffects a person, other than a decision relating to a deportation orremoval, an immigration officer shall notify that person of the decisionand the reasons for the decision and give the person at least fortyeight hours to make representations.The immigration officer shall, where a person makes anyrepresentation under subsection (1), within fourteen days ofreceiving the representation, notify the person of the decision made,with respect to the representation.Any person aggrieved with a decision of the immigrationofficer under subsection (1) may, within forty-eight hours of receivingthe decision, appeal to the Minister.The Minister may, upon receiving an appeal undersubsection (3), reverse or modify the decision of the immigrationofficer within ten days:Provided that the Minister shall not take any decision beforeconsulting the Director-General of Immigration andobtaining the Director's advice.Any person aggrieved with a decision of the Minister undersubsection (4) may, within forty eight hours of the Minister'sdecision, if appropriate, appeal to a court, which may suspend,reverse or modify the decision.(6) If a decision of the Department is not appealed in terms ofsubsections (3) and (5), the decision shall be final.PART IIIPERSONS ENTERING INTO AND DEPARTING FROM ZAMBIASubject to the other provisions of thisAct, a person11. (1)shall not enter Zambia at a place other than a port of entry.Subject to this section, a person who is not a citizen shallnot enter Zambia unless that person is in possession of a validtemporary residence permit, residence permit or valid border pass.Subject to this section, the presence in Zambia of any personwho is not a citizen shall, unless otherwise authorised under thisAct, be unlawful, unless that person is in possession of a validtemporary residence permit, residence permit, or valid border pass.12. (1) Every person who arrives in Zambia by air—(a) at any prescribed airport and intends to leave the precinctsof such airport, shall forthwith appear before animmigration officer; or
Immigration and Deportation f No. 18 of 2010 181(b) at any place other than a prescribed airport, shall forthwithproceed to and appear before the nearest immigrationofficer.Every person who arrives in Zambia by inland waters oroverland shall forthwith proceed to and appear before the nearestimmigration officer at a port of entry or a place designated by theMinister by notice in the Gazette.Any foreigner who arrives in Zambia shall, subject tosubsections (4) and (5), on demand, produce a valid visa, grantedunder subsection (6), or a valid permit issued under this Act, to animmigration officer.Any ordinary visitor or business visitor who arrives inZambia at a port of entry may be issued with a visiting permit or abusiness permit, respectively, for such period as an immigrationofficer may endorse in that person's passport, subject to sectiontwenty one.Any person who holds a valid permit issued under Part IVor to whom a temporary residence permit is issued on arrival at aport of entry shall, upon that person's admission into Zambia, beconsidered as being in possession of a valid visa for the purposesof this section.(6) A visa granted under this Act —may, subject to any condition that the Director-General ofImmigration may consider necessary, be granted by theDirector-General of Immigration to any foreigner, whohas applied for the visa in the prescribed manner;has the effect of authorising the holder of the visa toreport to an immigration officer at a port of entry forthe purposes of admission;(c) may be given free of charge or on payment of a prescribedfee; or(d) may for good cause or reason, be withdrawn and declaredvoid by the Director-General of Immigration.13. (1) An immigration officer shall examine any personappearing before the officer in accordance with section twelve forthe purpose of ascertaining that person's—identity;reasons for entering Zambia;reasons for wishing to remain in Zambia; andstatus under this Act.Examinationof entrants
182 No.18 of 2010]Immigration and Deportation(2) For the purpose described in subsection (1), an immigrationofficer shall require any person to whom that subsection relates—to produce that person's valid passport;to make such declaration as may be prescribed;Permitholder tsDeparturefrom Zambiato produce documentary or other evidence relative to thatperson's reason for entering or remaining in Zambia; orin writing or otherwise, to answer such questions as theimmigration officer may put to the person.(3) An immigration officer shall not allow any foreigner, whodoes not possess a permit or visa as required under this Act, orwho does not comply with any directive or request of an immigrationofficer, entry into Zambia.(1) An immigration officer may, by notice in writing, requireany person who holds a permit issued under this Act to appearbefore an immigration officer at such place and within such timeas may be specified in the notice.(2) Any person specified under subsection (1) who is requiredto appear before an immigration officer and who does not do so,commits an offence and is liable, upon conviction, to a fine notexceeding two hundred thousand penalty units or to imprisonmentfor a period not exceeding two years, or to both.(1) The Director-General of Immigration may require anyforeigner who enters Zambia on a permit issued under this Act orwho applies for a visa, as a condition of that person remaining inZambia, to pay, as a deposit, a prescribed sum of money or tosurrender that person's air ticket as a guarantee, or both.The Director-General of Immigration shall specify the periodnot exceeding one year for which the guarantee is required.Any sum deposited as a guarantee under this section maybe applied by the Director-General of Immigration to meet anyexpenditure incurred by the Government within the specified periodin connection with the care, treatment or maintenance within orthe removal or deportation, from Zambia, of the person concerned.16. (1) Every person departing from Zambia shall do so froma port of entry and, except if that person is in direct transit throughZambia by air having not left the precincts of a prescribed airport,shall appear before an immigration officer, unless that person is inpossession of a written authorisation from the Director-General ofImmigration granting permission to that person to depart Zambia ata place other than a port of entry with
Immigration and Deportation Bill I No. 18 of 2010 169 GOVERNMENT OF ZAMBIA ACT No. 18 of 2010 Date of Assent: 13th April, 2010 An Act to consolidate the law relating to immigration; provide for the appointment of a Director-General of Immigration and other immigration officers and provide for their powers and functions; promote a human rights
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