Related documents
- Is amended by Immigration and Deportation (Amendment) Act, 2016
- Is commenced by Immigration and Deportation Act (Commencement) Order, 2010
Zambia
Immigration and Deportation Act, 2010
Act 18 of 2010
- Published in Zambia Government Gazette on 16 April 2010
- Assented to on 13 April 2010
- Commenced on 17 September 2010 by Immigration and Deportation Act (Commencement) Order, 2010
- [This is the version of this document from 7 June 2016.]
- [Amended by Immigration and Deportation (Amendment) Act, 2016 (Act 19 of 2016) on 7 June 2016]
Part I – Preliminary
1. Short title and commencement
This Act may be cited as the Immigration and Deportation Act, 2010, and shall come into operation on such date as the Minister may, by statutory instrument, appoint.2. Interpretation
3. Application
Part II – Immigration Department
4. Appointment of Director-General of Immigration and other staff
5. Functions of Department
6. Powers of Department
Subject to, and for the purposes of, this Act, through its duly authorised officers, the Department may—7. Delegation of powers of Department
8. Powers of search of aircraft, train, vehicle or other vessel
For the purpose of discharging any function under this Act, an authorised officer may—9. Powers of arrest of suspects entering Zambia
10. Appeal procedures
Part III – Persons entering into and departing from Zambia
11. Entry any remaining in Zambia
12. Arrival in Zambia
13. Examination of entrants
14. Permit holder to appear before immigration officer
15. Security from entrants
16. Departure from Zambia
17. Power to deport illegal immigrants
18. Arrest and detention prior to deportation
19. Duties and liabilities of carriers
Part IV – Immigration permits
20. Residence permit
21. Temporary residence permit
22. Diplomatic permit
23. Spouse permit
24. ***
[section 24 repealed by section 9 of Act 19 of 2016]25. Visiting visa and visiting permit
26. Study permit
27. Temporary permit
28. Employment permit and temporary employment permit
29. Investor's permit
30. Cross-border permit
31. Asylum seeker's permit
32. Border pass and transit permit
33. Variation of conditions of permit
On application being made in the prescribed manner by a holder of a permit issued under this Act, and subject to the provisions of this Act relating to such permit, the Director-General of Immigration may vary the conditions and the period of validity, if any, specified in the permit.34. Revocation and cancellation of permit
Part V – Prohibited immigrants and human trafficking
35. Prohibited immigrants
36. Prohibited immigrant required to leave Zambia
37. Representation against requirement to leave Zambia
38. Suspected prohibited immigrants
39. Deportation
40. Trafficking in persons
Part VI – General provisions
41. Border controls
42. National monitoring and information system
43. Obligations of employers
44. Educational institutions
45. Accommodation establishment
46. Aiding and abetting illegal immigrants
47. Immigration consultant
48. Immigration ethics
49. Illegal immigrants not exempt or allowed to sojourn in Zambia
An illegal immigrant shall not be exempt from a provision of this Act or be allowed to sojourn in Zambia on the grounds that the immigrant was not informed of those facts or that the immigrant was admitted or allowed to remain in Zambia through error or misrepresentation, or because the immigrant was undiscovered.50. Evidence
Any document purporting to be—51. Burden of proof
In any proceedings under, or for any of, the provisions of this Act, the burden of proving with respect to any person—52. General offences
53. Obstructing, assaulting, etc immigration officer
54. Engaging in employment, etc. without permit
Any foreigner who engages in any employment, prescribed trade, work, business or any other occupation without a permit commits an offence.55. Possession of more than one passport without authority
Any person found in possession of more than one passport or travel document of identity without authority or who does not have dual nationality, commits an offence and is liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a period not exceeding three years, or to both.56. General penalty
56A. Payment of fine without appearing in court
57. Bail
58. Forfeiture of vehicle, aircraft, boat or house
59. Regulations
60. Notice of service
Any written notice required under this Act to be served in person on any person may, if such person cannot be found, be published in the Gazette and shall be deemed to have been duly and properly served on the commencement of the day following the day of the publication of the Gazette.61. Repeal of Cap. 123
The Immigration and Deportation Act, 1965, is hereby repealed.62. Savings
History of this document
07 June 2016 this version
17 September 2010
16 April 2010
13 April 2010
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Immigration and Deportation (General) (Amendment) (No. 2) Regulations, 2021 | Statutory Instrument 113 of 2021 |
Immigration and Deportation (General) (Amendment) (No. 2) Regulations, 2022 | Statutory Instrument 69 of 2022 |
Immigration and Deportation (General) (Amendment) Regulations, 2012 | Statutory Instrument 21 of 2012 |
Immigration and Deportation (General) (Amendment) Regulations, 2020 | Statutory Instrument 119 of 2020 |
Immigration and Deportation (General) (Amendment) Regulations, 2021 | Statutory Instrument 54 of 2021 |
Immigration and Deportation (General) (Amendment) Regulations, 2022 | Statutory Instrument 68 of 2022 |
Immigration and Deportation (General) Regulations, 2011 | Statutory Instrument 129 of 2011 |
Immigration and Deportation (Immigration Consultants) Regulations, 2013 | Statutory Instrument 38 of 2013 |
Documents citing this one 21
Gazette 9
- Zambia Government Gazette dated 2015-10-02 number 6427
- Zambia Government Gazette dated 2015-10-09 number 6428
- Zambia Government Gazette dated 2016-02-05 number 6458
- Zambia Government Gazette dated 2016-02-26 number 6461
- Zambia Government Gazette dated 2016-04-08 number 6474
- Zambia Government Gazette dated 2016-11-18 number 6526
- Zambia Government Gazette dated 2017-12-15 number 6629
- Zambia Government Gazette dated 2018-01-19 number 6638
- Zambia Government Gazette dated 2021-09-24 number 7039
Judgment 12
- Belmonte v Kruger & Others (Appeal 111 of 2018) [2019] ZMCA 240 (30 December 2019)
- Belmonte v Lubambe Coppermine Ltd and Ors (Appeal 111 of 2018) [2019] ZMCA 291 (30 December 2019)
- Chivasa v International Gaming Africa (T/A Lusaka Royale Casino) (CAZ 8 273 of 2017) [2018] ZMCA 377 (15 January 2018)
- Ethel Musungu v Cesar Porras Vilcapoma (2019/HK/FCD/65) [2022] ZMHC 30 (24 July 2022)
- Kibler v Apollo Agricultural Holdings Limited (Appeal 149 of 2015) [2018] ZMSC 46 (21 June 2018)
- Matthew Francis Watkins and Anor v The Attorney General (2017/HP/A005) [2017] ZMHC 518 (3 May 2017)
- Meghani v Mount Meru Petroleum (COMP 113 of 2014) [2016] ZMIC 15 (24 May 2016)
- Omar Dirie Hirsi v Attorney General (HP 380 of 2017) [2017] ZMHC 368 (7 July 2017)
- Omar Dirie Hirsi v The Attorney General (2017 /HP /0380) [2017] ZMHC 516 (7 July 2017)
- Pole Pole v Director-General of Immigrations and Another (Appeal 39 of 2014) [2016] ZMHC 99 (14 April 2016)
- Sarah Aliza Vekhnik v Casa Del Bambini Montesorri (Appeal 129 of 2017) [2018] ZMSC 583 (22 August 2018)
- Vekhnik v Casa Dei Bambini Montessori Zambia Ltd (Appeal 129 of 2017) [2018] ZMSC 592 (21 August 2018)