ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
3. Authorised officers
PART II
Immigration procedures
4. Point of entry
5. Examination of persons entering Botswana
6. Examination of suspected illegal immigrant
7. Examination of persons leaving Botswana
8. Travel document to be produced
9. Powers of search
10. Application of Part II to air passengers
PART III
Establishment of Immigrants Selection Boards
11. Establishment of Immigrants Selection Board
12. Functions of Board
13. Disqualification, suspension and removal of member
14. Meetings of Board
15. Disclosure of interest
16. Confidentiality
17. Remuneration
PART IV
Permits
18. Right to remain in Botswana
19. Visitor's permit
20. Residence permit
21. Overstaying
22. Work permit
23. Application for permit
24. Appeal to Minister
25. Procedure for appeal
26. Power of Director to issue residence permit
27. Power of Commissioner to issue work permit
28. Permanent residence permit
29. Renewal of permit
29A. Variation of permit
30. Cancellation of permit
31. Exemption order
32. Application for certificate of exemption
33. Appeal against rejection to issue certificate of exemption
34. Replacement of permit
35. Return of permit
36. Registers
37. Safe keeping of permit
38. Inspection of permit
39. Registration of immigration consultant
40. Submission of returns
PART V
Prohibited immigrants
41. Prohibited immigrants
42. Exclusion of prohibited immigrant
43. Detention of suspected prohibited immigrant
44. Removal of prohibited immigrant
45. Detention pending removal
46. Exemption of prohibited immigrant
47. Re-entry of prohibited immigrant
48. Exercise of discretionary powers by President or Minister
49. Restrictions on immigrants
PART VI
Undesirable immigrants
50. Undesirable immigrants
51. Notice to undesirable immigrant
52. Appeal by undesirable immigrant
PART VII
Miscellaneous provisions
53. Removal of persons arriving by air
54. Aiding and abetting unlawful entry
55. Contradictory statements
56. Offences
57. Evidential presumption as to reasonable excuse
58. Repeal of Cap. 25:02 and Cap. 47:02
59. Savings
60. Regulations
Law 19, 1966,
L.N. 88, 1966,
Act 19, 1967,
Act 18, 1968,
Act 37, 1968,
Act 31, 1970,
Act 32, 1972,
Act 12, 1974,
Act 27, 1975,
Act 34, 1975,
Act 23, 1977,
S.I. 12, 1977,
Act 19, 1979,
Act 30, 1980,
S.I. 109, 1983,
Act 19, 1989,
Act 12, 1991,
Act 11, 2003,
S.I. 89, 2008,
S.I. 57, 2009,
S.I. 56, 2010,
Act 3, 2011,
S.I. 83, 2011,
Act 18, 2014,
S.I. 88, 2014,
Act 6, 2017,
S.I. 58, 2017.
An Act to provide for immigration procedures; procedures for the employment of non-citizens and for matters incidental thereto.
[Date of Commencement: 14 October, 2011]
PART I
Preliminary (ss 1-3)
This Act may be cited as the Immigration Act.
In this Act, unless the context otherwise requires—
"authorised officer" means a person appointed under section 3 to be an authorised officer for the purposes of this Act and includes an immigration officer;
"Board" means the Immigrants Selection Board established under section 11;
"certificate of exemption" means a certificate of exemption issued under section 32 or a duplicate of the certificate of exemption;
"Commissioner" means any person holding the public office of Commissioner of Labour;
"Director" means any person holding the public office of Director of Immigration;
"employ" means, in relation to the person employing, to use as an employer the labour of an employee;
"immigrant" means any person in Botswana other than a citizen of Botswana;
"immigration consultant" means a person who facilitates the processing of residence permits and work permits for immigrants and is registered under section 39;
"immigration officer" means a person appointed under section 3;
"member" means a member of the Board;
"non-citizen" means a person other than—
(a) a citizen of Botswana; or
(b) a person or a member of a class of persons declared by order published in the Gazette, not to be a citizen for the purposes of this Act;
"permit" means a—
(a) residence permit issued under section 20; or
(b) work permit issued under section 22;
"precincts of the airport" means the part of the airport at which customs and immigration formalities are conducted;
"specified organisation" means any organisation which the Minister may by order published in the Gazette, prescribe for purposes of this Act; and
"travel document" means a passport or other document of identity which satisfies such conditions as may be prescribed.
(1) The Minister may, in writing, appoint—
(a) an immigration officer; and
(b) an authorised officer,
to perform the duties set out under this Act.
(2) A person appointed under subsection (1) shall act in accordance with such general directions as may be given by the Minister and such instructions as may be given by the Director or Commissioner.
PART II
Immigration procedures (ss4-10)
(1) A person entering Botswana shall—
(a) enter through a point of entry specified by the Minister by order published in the Gazette; and
(b) on arrival at a point of entry, present himself or herself immediately to an immigration officer.
(2) Subsection (1) shall not apply to any person who is—
(a) authorised in writing by the Director; or
(b) a member of a class of persons authorised by the Minister by order published in the Gazette,
to enter Botswana subject to any condition to which the authority to enter Botswana without complying with this section was granted.
(3) It is no defence to a charge of contravening subsection (1) that the accused person was bona fide under a belief that he or she was not entering or had not entered Botswana.
(4) A person who fails to comply with this section commits an offence and is liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding 10 years, or to both.
5. Examination of persons leaving Botswana
(1) An immigration officer may require any person who has presented himself or herself in accordance with section 4(1)(b) to submit to examination.
(2) Without prejudice to subsection (1), an immigration officer who suspects that a person is a prohibited immigrant or last entered Botswana in contravention of section 4(1) may require that person to immediately submit to examination or to present himself or herself to an immigration officer at such place and within such period as the officer making the requirement shall specify.
(3) A person who is required to submit to examination or further examination may be examined by an immigration officer and shall answer truthfully and to the best of his or her knowledge every question put to him or her by the immigration officer for the purpose of ascertaining whether the person—
(a) is or is not a prohibited immigrant; or
(b) is liable to removal from Botswana under section 8.
(4) The immigration officer may require the person under examination to—
(a) declare whether the person is or is not carrying or conveying or otherwise in possession of a travel document or other document of any description specified, which description appears to be relevant to any matter required to be ascertained under subsection (5);
(b) produce any travel document or other document of a description prescribed by paragraph (a) which the person is carrying or conveying or otherwise has in his or her possession;
(c) give such information relevant to any matter required to be ascertained under subsection (5);
(d) complete truthfully any prescribed form; and
(e) submit to examination by a medical practitioner named by the immigration officer for the purpose of ascertaining whether the person is or is not infected or afflicted with or suffering from any prescribed disease or physical infirmity which would render him or her a prohibited immigrant.
(5) The immigration officer may—
(a) take or cause to be taken the photograph, fingerprints and palm prints of the person under examination; and
(b) search or cause to be searched—
(i) the person under examination,
(ii) any luggage belonging to the person,
(iii) any luggage under his or her control, or
(iv) with the written authorisation of the Director, any dwelling- place occupied by such person, for the purpose of ascertaining whether the person is or is not carrying or in possession of a travel document.
(6) A—
(a) female person shall be searched by a female immigration officer and where no female immigration officer is available, the search may be conducted by a female person designated for that purpose by an immigration officer; and
(b) male person shall be searched by a male immigration officer and where no male immigration officer is available, the search may be conducted by a male person designated for that purpose by an immigration officer.
[18 of 2014, s. 2.]
(7) The immigration officer may, by notice in writing given to the person under examination, require that person to present himself or herself at such place and within such specified period for further examination.
(8) Where the person under examination is—
(a) mentally or physically incapacitated; or
(b) a minor,
the immigration officer may give the notice for further examination to a guardian accompanying such person.
(9) A person who—
(a) fails to comply with any requirement under this section;
(b) gives information which he or she knows to be false; or
(c) obstructs any immigration officer in the exercise of a power conferred on him or her by subsection (4)(c),
commits an offence and is liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding 10 years, or to both.
6. Examination of suspected illegal immigrant
(1) A police officer or traditional authority who suspects that a person is an illegal immigrant, may at any time require the person to present himself or herself to an immigration officer and submit to an examination.
(2) Notwithstanding the provision of subsection (1) and section 307(1) of the Criminal Procedure and Evidence Act (Cap. 08:02), a person who admits to being an illegal immigrant shall pay to a police officer, an admission of guilt fine of not less than P300 but not more than P10 000.
(3) A person who is required under this section to submit to examination shall be examined by an immigration officer in accordance with the provisions of section 5.
7. Examination of persons leaving Botswana
(1) A person leaving Botswana shall, unless such person is in direct transit through Botswana by air and does not leave the precincts of the airport, present himself or herself to an immigration officer for examination.
(2) The immigration officer may require such person to—
(a) produce his or her travel document and any permit issued to such person under this Act and to surrender any permit which has ceased to be valid;
(b) make and sign such declaration as may be prescribed; or
(c) answer in writing or otherwise, such questions relating to his or her identity or departure as may be asked by the immigration officer.
(3) A person who contravenes this section commits an offence and is liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding 10 years, or to both.
8. Travel document to be produced
(1) Subject to subsection (2), any person being examined under section 5 who, on being required by an immigration officer to produce to the immigration officer any travel document in his or her possession, fails to produce a valid travel document or produces a document which the immigration officer is not satisfied is a valid travel document, shall be removed from Botswana by an immigration officer or by a police officer acting under the authority of an immigration officer unless—
(a) the person satisfies the immigration officer that he or she is a citizen of Botswana;
(b) the person produces a valid residence permit and satisfies the immigration officer that he or she is the person to whom the residence permit has been issued; or
(c) the Minister otherwise directs.
(2) This section shall not apply to—
(a) an accompanying spouse where the name and description of the accompanying spouse are endorsed on a valid travel document carried by the spouse;
(b) a child under the age of 16 years accompanying his or her parent where the child's name is endorsed on a valid travel document carried by the parent; or
(c) any person who satisfies an immigration officer that the person is a member of any class of persons exempted by the Minister by an order, published in the Gazette from carrying a travel document when entering Botswana.
(1) For the purpose of exercising his or her powers and carrying out his or her duties under this Act, an authorised officer may—
(a) without a search warrant enter and search any aircraft, vehicle, train or vessel in Botswana;
(b) require the person in charge of an aircraft, any vehicle, any train or any vessel, arriving from any place outside Botswana to furnish a list of all persons in the aircraft, vehicle, train, or vessel, together with such other information as may be prescribed.
(2) A person who fails to comply with subsection (1)(b) commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 15 years, or to both.
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