40 Evidence
(1) A certificate or written statement under the hand of an immigration officer shall, in any proceedings under
this Act or in any criminal proceedings in respect of a contravention of this Act, be prima facie evidence of the
facts stated therein and it shall not be necessary to tender oral evidence of such facts unless the court before which
the proceedings are held so directs, in which event a postponement shall be allowed to enable the immigration
officer whose oral evidence is required to attend.
(2) Any order, warrant, permit, certificate or other document which may be issued in terms of this Act shall
be valid if signed by an immigration officer or an officer in the Public Service authorized by the Minister to do so.
(3) An order in terms of subsection (1) of section sixteen or subsection (1) of section thirty may be proved in
any court by production of a copy of the order certified under the hand of the Chief Immigration Officer as a true
and correct copy.
(4) In any proceedings in terms of this Act against any person—
(a) described in the charge as being an alien; or
(b) charged with assisting an alien to contravene this Act;
that person or, as the case may be, the person whom he is charged with so assisting, shall be deemed to be an alien
unless the contrary is proved.
(5) Section 329 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in
respect of any proceedings relating to any question arising out of the provisions of this Act.
41 Regulations
(1) The Minister may make regulations for any matter for which he may by regulation provide or which may
be prescribed and, generally, for the better carrying out of the objects and purposes of this Act.
(2) Regulations in terms of subsection (1) may provide for—
(a) the powers and duties of an immigration officer;
(b) the steps to be taken to prevent the entry into Zimbabwe of prohibited persons;
(c) the manner in which persons entering or departing from Zimbabwe by train shall be dealt with and that
all or any of the provisions of section twelve or twenty-five, as the case may be, shall not apply to such
persons;
(d) the times, places and conduct of the inquiry or examination, medical or otherwise, of persons entering or
desiring to enter Zimbabwe or who, being found in Zimbabwe, are suspected of being prohibited
persons;
(e) the procedure for, and the manner of, the detention of prohibited persons and unlawful residents pending
their removal from Zimbabwe and the procedure for, and the manner of, such removal;
(f) certificates which may be issued for the purposes of this Act and, in relation to any such certificate—
(i) the form thereof and the conditions upon which it may be issued, renewed or extended;
(ii) the circumstances in which it may be cancelled or withdrawn or deemed to have been cancelled
or withdrawn and the consequences of such cancellation or withdrawal;
(iii) the fee payable therefor;
(g) in relation to any permit—
(i) the purposes for which it is issued;
(ii) the form thereof and the conditions upon which it may be issued, renewed or extended;
(iii) the circumstances in which it may be cancelled or withdrawn or deemed to have been cancelled
or withdrawn and the consequences of such cancellation or withdrawal;
(iv) the taking and disposal of a deposit as a condition of the issue thereof;
(v) the fee payable therefor;
(h) the declaration, by notice in the Gazette or otherwise, of any person or class of persons to be deemed to
be the holders of temporary permits, and for the conditions on which such permits are deemed to have
been issued and for the withdrawal of any such declaration;
(i) the conditions under which prohibited persons may be allowed to pass through Zimbabwe while
journeying or being conveyed to a place outside Zimbabwe;
(j) the conditions subject to which visitors may enter or remain in Zimbabwe;
(k) the form of warrants or other documents issued or used, or of declarations to be made or of the records
to be kept, for the purposes of this Act and the particulars to be inserted in any such document or
declaration and the fees payable therefor;
(k1) requiring public carriers to provide their passengers with forms and documents, other than travel
documents, required under this Act for entry into or departure from Zimbabwe;
[Paragr aph inserted by s. 10 of Act 8/2000.]
(l) the statistics to be kept of persons departing from Zimbabwe;
(m) in regard to appeals heard under section twenty-one—
(i) the procedure to be followed;
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