Immigration and Deportation (Amendment)

An Act to amend the Immigration and Deportation Act, 2010. [7th June, 2016
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Immigration and Deportation
(Amendment) Act, 2016, and shall be read as one with the
Immigration and Deportation Act, 2010, in this Act referred to as
the principal Act. 2. Section two of the principal Act is amended by the deletion
of the definition of “child” and the substitution therefor of the
following:
“child” has the meaning assigned to it in the Constitution;. 3. Section three of the principal Act is amended in subsection
(1) by the deletion of paragraph (c) . 4. Section four of the principal Act is amended by the deletion
of the words “Public Service Commission”, wherever they appear,
and the substitution therefor of the words “Zambia Police Service
Commission”. 5. Section ten of the principal Act is amended—
(a) in subsection (1), by the deletion of the words “or removal”;
and
(b) in subsection (4), by the deletion of the word “Director’s”
and the substitution therefor of the words “Director-
General’s”. 6.

“or removal”;
and
(b) in subsection (4), by the deletion of the word “Director’s”
and the substitution therefor of the words “Director-
General’s”. 6.

Section eighteen of the principal Act is amended in
subsection (1) (a) by the deletion, immediately after the word,
“removal” of the words “or deportation”. Immigration and Deportation
(Amendment)
Enactment
Short title
Act No. 18
of 2010
Amendment
of section 2
Cap. 1
Amendment
of section 3
Amendment
of section 4
Amendment
of section
10
Amendment
of section 18
[No. 19 of 2016 507
GOVERNMENT OF ZAMBIA
ACT
No. 19 of 2016
Date of Assent: 6th June, 2016
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

Date of Assent: 6th June, 2016
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

7. Section twenty of the principal Act is amended—
(a) in subsection (2)—
(i) by the insertion, in paragraph (c), immediately
after the word “years”, of the words “or has
been in Zambia on employment permit for a
continuous period of ten years”; and
(ii) by the deletion of paragraph (g); and
(b) by the deletion of subsection (7). 8. Section twenty-three of the principal Act is amended in
subsection (1) by the insertion, after paragraph (b), of the following
paragraph:
(c) residence permit holder. 9. The principal Act is amended by the repeal of section twenty-
four. 10. Section twenty-eight of the principal Act is amended by—
(a) the deletion of subsection (2); and
(b) the deletion in subsection (5) of the word “five” and the
substitution therefor of the word “ten”. 11. Section forty of the principal Act is amended in subsection
(2) by the deletion of the word “deportation” and the substitution
therefor of the word “repatriation”. 12.

the principal Act is amended in subsection
(2) by the deletion of the word “deportation” and the substitution
therefor of the word “repatriation”. 12.

Section fifty-two of the principal Act is amended by the
deletion of subsection (5) and the substitution therefor of the
following:
(5) A person who attempts to use or uses a passport,
diplomatic passport or travel document, other than the one
upon which that person’s entry was cleared, commits an
offence. (6) Subsection (5) does not apply to—
(a) a person whose passport, diplomatic passport or
travel document has been lost or stolen and in
respect of which a police report has been made
and is produced at the time of clearance proving
the loss or theft; or
(b) a citizen of Zambia who holds dual citizenship. Amendment
of section 20
Amendment
of section 23
Repeal of
section 24
Amendment
of section 28
Amendment
of section 40
Amendment
of section 52
508 No. 19 of 2016]
Immigration and Deportation
(Amendment)

peal of
section 24
Amendment
of section 28
Amendment
of section 40
Amendment
of section 52
508 No. 19 of 2016]
Immigration and Deportation
(Amendment)

13. The principal Act is amended by the insertion, immediately
after section fifty-six, of the following new section:
56A. (1) An immigration officer may, where satisfied
that a person has committed an offence for which the penalty
does not exceed two hundred thousand penalty units, or where
a person has admitted the commission of an offence under
this Act for which the penalty does not exceed two hundred
thousand penalty units, summarily demand from the person
the payment of a fine not exceeding one hundred thousand
penalty units in respect of the offence. (2) An immigration officer shall, where the immigration
officer demands a payment under subsection (1), inform the
person against whom the demand is made of the right to admit
or dispute the liability. (3) A person from whom payment of a fine has been
demanded under subsection (1) may elect to admit liability
and pay the fine or dispute liability. (4) The payment of a fine shall operate as a bar to any
further criminal proceedings against the person making the
payment in respect of the offence concerned.

ayment of a fine shall operate as a bar to any
further criminal proceedings against the person making the
payment in respect of the offence concerned.

(5) An immigration officer who receives payment of a
fine shall give a receipt to the person making the payment in
such form as may be prescribed. (6) An immigration officer who receives payment under
this section and—
(a) fails to issue a receipt to the person making the
payment as required under subsection (5);
(b) fails to account for any payment made under this
section; or
(c) in any manner, misuses or puts to personal use any
payment made under this section;
commits an offence and is liable, upon conviction, to a fine
not exceeding three hundred thousand penalty units or to
imprisonment for a period not exceeding three years, or to
both. 14. The First Schedule to the principal Act is amended in class
C by the insertion of the word “spouse” and a comma between the
words “any” and “forebear.”
Amendment
of First
Schedule
Immigration and Deportation
(Amendment) [No. 19 of 2016 509
Insertion of
section 56A
Payment of
fine without
appearing in
court

510