What Is Deportation? The Immigration and Deportation Act makes provision for and regulates the entry
into Zambia of immigrants and visitors and the conditions for remaining in Zambia of such
people. It also provides for the removal of criminals and other people from Zambia.
The Minister of Home Affairs is charged with the responsibility of
dealing with issues of deportation.
Who can be the subject of a deportation order?
People who fall within the classes of prohibited immigrants can be
deported. The following are the classes of prohibited immigrants:
(i) Any person who is infected or inflicted with or is carrier of a
prescribed disease and who is capable or likely to become capable of infecting any other
person with such disease or of transmitting to him such disease.
(ii) Any prostitute or person who in Zambia has knowingly lived wholly
or in part on the earnings of prostitution or has procured any other person for immoral
purposes.
(iii) Any person who under the law in force at the time has been
deported or removed from, required to leave, or prohibited from entering into or remaining
within Zambia;
Provided that a person with respect to whom an immigration officer is
satisfied that ground on which he was so dealt with no longer applies to him shall not
belong to this class.
(iii) Any person in Zambia with respect to whom a permit in Zambia has
been revoked or has expired.
(iv) Any person, not being the holder of a valid permit to remain in
ZAMBIA, who is likely to become a charge on the republic in consequence of his inability
to support himself or who has contravened the provisions of the Immigration and
Deportation Act.
(v) Any person appearing before an immigration officer on entering
Zambia who is of the apparent age of sixteen years or more and who, on demand by the
demand of the immigration officers fails to establish that he is holder of a valid
passport.
(vi) Any person entering Zambia who is required under section 11 to
appear b efore an immigration officer and who fails to comply with the provisions of that
section.
(vii) Any person who-
(a) before entering Zambia has been sentenced elsewhere than in Zambia
to a term of imprisonment following on his conviction of an offence; and
(b) in the opinion of the Chief Immigration Officer is not of good
character.
Section 22 of the immigration and deportation Act provides that
(1) any person who belongs to a class set out in the second schedule
shall be a prohibited immigrant in relation to Zambia.
(2) any person whose presence in zambia is declared in writing by the
minister to be inimical to the public interest shall be a prohibited immigrant in relation
to zambia.
(3) the presence within zambia of any prohibited immigrant is unlawful
unless he has been issued with a temporary permit, which permit is issued under the
direction of the Minister. The permit will specify the conditions to observed by holder
and period of its validity.
(4) an immigration official may take or cause to be taken in his
presence for the purposes of record and identification the measurements, photograph,
finger and palm prints of any prohibited immigrant: provided that all records of such
measurements, photograph, finger and palm prints shall be destroyed or handed over to a
person who an immigration officer is satisfied has ceased to be a prohibited immigrant and
who makes application in that behalf.
(5 ) notwithstanding the provisions of subsection (1), the Minister may
in the prescribed manner exempt any person from all or any of the classes set out in the
second schedule and, unless and until such exemption is in like manner revoked, such
person shall be deemed not to belong to such class or classes. TO BE CONTINUED |