Immigration law breakers face tough times ahead

 The Special Law Commission on the Review of the Immigration Act has proposed tough punishments for violations of immigration regulations, including a K50 million fine against those bringing foreigners into the country without following requirements.

The report, presented at the National Consultative Conference in Lilongwe yesterday, has also recommended a K5 million fine on any Malawian that enters and exits the country using uncharted routes.

The review also focused on the immigration of asylum seekers and the legal framework surrounding the setup of the Department of Immigration and Citizenship.

The Special Law Commission chairperson Justice of Appeal Rezine Mzikamanda said he expects Malawi to have “the best immigration laws” if the recommendations are approved.

“We have developed it through reference not just to our own local requirements but we have also looked at other comparable jurisdictions in Africa. They have got very good immigration laws,” he said.

The report says the review observed that the fines carried out in the Act are outdated and did not specify any distinction between serious and minor ones.

“Offences under sections 34, 36 and 37 of the Act

which cover forgery, misrepresentation, use of unauthorized documents, breach of conditions of permits and obstructing an immigration officer, carry the same penalty of a fine of K500 or imprisonment for twelve months.

“Therefore , the commission recommends that the proposed legislation should provide for enhanced fines and terms of imprisonment and a scheme by which serious and minor offences are distinguished based on the penalties attached,” the report reads in part.

The review also established that to enforce compliance to immigration requirements by foreigners there was a need to introduce fines for institutions that bring immigrants without following procedures.

“Where a foreigner sponsored, accommodated or brought into Malawi by a landlord, hotelier, carrier, employer, school, religious institution or such other entity is found to be in contravention of the immigration requirements necessary for his or her entry and stay…such entity shall be in breach of statutory duty and liable to a penalty not exceeding K50 000 000,” the report says.

On punitive measures against those using uncharted routes, the report said it will help stop Malawians from the practice.

“The proposed penalties for use of uncharted routes are as follows: an administrative fine not exceeding K500 000 or upon conviction a fine of not exceeding K5 000 000 and to a term of imprisonment not exceeding two years,” the report says.

Meanwhile, Minister of Homeland Security Richard Chimwendo Banda, who presided over the meeting, expressed hope that the review of the Immigration Act would help empower the responsible department to be more efficient.

He said: “Over the years, the Department of Immigration and Citizenship Services has been facing operational challenges due to, among others, a weak legal framework governing its operations.

“As an example, you will recall that, amidst the serious threat of Covid-19, the department was challenged in court when it tried to restrict entry into Malawi of persons coming from Covid red zones. Yet, immigration officers provide the first line of defence to this country by screening out and controlling who enters our borders or not.”

After the consultations, the Special Commission will compile a final report that will be submitted to the Ministry of Justice