Expatriates vs immigration laws

It is so heartbreaking to see Malawian workers being abused left in and left out by the so-called expatriates. One wonders as to how and where these expatriates come into the country’s work environment.

The country’s laws, particularly the Immigration Act, runs short of defining any employee who comes to Malawi as an expatriate.

The Act has only recognised a person who wishes to reside within an area as specified by the Minister for the purpose of engaging in an occupation as specified by the Minister.

Therefore, this begs the question: Who is supposed to regulate the foreign employees who work as expatriates? Is it the government, Malawi Immigration, Home Office or different occupational groupings?

In Malawi, as far as protection of professions or occupations in the labour market is concerned, little or nothing has been done to ensure that professions are protected. Few professional bodies have come up with regulations that have ultimately prevented their professions from being choked up by unnecessary influx of the so-called expatriates.

Thumbs up to the Malawi Law Society (MLS) which is one of the few professional bodies in Malawi that has managed to regulate its labour market throughout history. No foreign expatriate lawyer can just come and practice law in the country without following proper channels.

There is almost the zero record of an expatriate on the bench. At Independence, there were white practitioners—such as Judge Skinner of Zomba—which is no longer the case now.

It is in my view that this can be replicated in other professions too.

Taking a look at other professions as indicated from the onset, the conditions on the ground are really pathetic.

It is profoundly disheartening to see the so called expatriates working in restaurants, in banks, human resource managers or as nursery school teachers!

Is it really realistic that after 50 years of independence, the country still needs bank tellers and chefs to come all the way from the Far East or West?

Are there no locals who can ably do these jobs? Should Malawi really offer Temporary Employment Permits (TEPs) to expatriates for these jobs?

Every year, the country’s universities are producing graduates capable of managing almost all the positions that we are giving out to foreigners. The damage caused by this trend is far-reaching.

Every month, millions of the much needed foreign currency is being shipped out in the name of balance of earnings to the expatriates’ countries. Apart from draining meagre forex reserves, this means no jobs for the youth languishing with degrees and diplomas.

The first involves ensuring that there is selective job protection.

As we approach tripartite elections next year, politicians are all over the country preaching about job creation. If jobs are protected, job opportunities shall be available for our populace, especially the youth.

Of course, this does not mean that all expatriates should budge out. Rather, there must be adherence to what immigration laws stipulate. In short, there is need for the nation to have a list of protected jobs or professions like MLS has done.

From experience, it is far too risky in other professions where one needs to acquire or have some basic familiarity of laws of the land. As an example, there have been so many errors in law that have been made by foreign human resource managers or administrators. Only that the victim in the end is the local employee.

Lets join hands to resolve this problem. My special plea goes to the professional bodies that protect interests of members of their profession. It is imperative that their priority should be protecting their professions rather collecting membership fees.

For example, the Institute of People Management Malawi (IPMM) has been there since 1985 to protect interests of people management in Malawi and yet human resource management is among professions with high numbers of expatriates.

A lot of administrators are graduating from the Polytechnic and Chancellor College every year. We cannot continue hiring expatriates as human resource managers and administrators. Let us prove that after 50 years of independence, we can carry out efficiently and effectively some of these roles. Together we can!

—The author is an immigration officer based in Zomba and currently a Political and Administrative Studies student at Chancellor College ( Zomba). Writing in his own personal capacity.