01 Apr 2014

Minister of Labour and Home Affairs, Mr Edwin Batshu presented the Immigration (Amendment) Bill 2014 No. 28 of 2013 for second reading to Parliament on March 31.

Mr Batshu said the last amendment of the act was in November 2010 when the old Immigration Act (CAP 25:02) and Employment of Non-Citizens Act (CAP 47:02) were merged and repealed.

The objective of the merging was to, among others, enhance efficiency in the work and resident permit system to reduce the turn-around time of processing applications for permits, to merge work and residence permits and increase the validity period for which such permits were issued.

He further said when implementing the new act, a number of gaps became apparent such as omissions and lack of clarity in some sections, which resulted with varied interpretations. Mr Batshu said the purpose of the bill was to close gaps realised and provide convenient service to customers.

He noted that the proposed amendment is that Clause 2 amends Section 5 (6) of the Act by providing for search of male persons by male immigration officers or male person designated for that purpose.

The minister said Clause 3 amended Section 25 (3) of the act by referring the minister’s decision to the Commissioner of Labour and Social Security and the Director of Immigration and Citizenship respectively for implementation instead of the board as is the case now.

Furthermore, Mr Batshu said Clause 4 amends Section 29 of the Act by providing for a period after which a permit may be renewed and for a non-refundable application fee for an application for renewal of permit.

He said Clause 5 amends the Act introducing a new section 29 (A), which deals with the variation of the terms and conditions of work and residence permits.

Mr Batshu said there is no provision in the current Act, which caters for procedure to vary terms and conditions of residence and work permits but such a provision is necessary to cater for non-citizens who are promoted or redeployed in the same establishment.

He said this new clause 29 (A) further amends the Act by providing for investors to endorse additional businesses in which they have invested in their work in their work and residence permits.

The minister said Clause 67 amends Section 34 of the Act to cater for instances where a holder of a permit or a certificate of exemption seeks a duplicate permit or a certificate of exemption as a result of the acquisition of a new passport or where the permit or certificate of exemption has been lost, destroyed, damaged or defaced.

Mr Batshu said Clause 7, 8, 9 makes amendments to Section 41, 46 and 48 of the Act in order to empower the Minister to deal with matters relating to prohibited immigrants as a result of criminal conviction.

He said in terms of the said sections of the Act, an order to declare a person a prohibited immigrant lies with the President.

Mr Batshu further said in view of the increasing number of persons who are eligible for prohibited immigrant status following conviction and sentence to imprisonment without the option of a fine, the process of declaring these persons is placing an onerous obligation on the President.

He added that it is therefore deemed necessary to empower the Minister to declare prohibited immigrants, persons who have been convicted and sentenced to a prison term without the option of a fine. Ends