(4) Subject to this Act, an immigration officer shall permit a person who complies with the requirements of subsection (3) to enter Zimbabwe if he is satisfied that such person is not a prohibited person or a person referred to in subsection (1) of section eighteen. [Subsection amended by s. 5 of Act 8/2000.] (5) Any person found in Zimbabwe who is suspected by an immigration officer, on reasonable grounds, of being a prohibited person or of having entered Zimbabwe in contravention of this Act or a repealed Act may be required to appear before an immigration officer and the provisions of subsection (3) shall apply, mutatis mutandis. (5a) Any person who— (a) contravenes subsection (1) or (3); or (b) fails without just cause to appear before an immigration office when required to do so in terms of subsection (4); shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [Subsection amended by Act 22 of 2001] (6) If, in any prosecution for a contravention of subsection (1), it is proved that the accused entered Zimbabwe, it shall be presumed, unless the contrary is proved, that he failed, on arrival at a port of entry, to present himself to an immigration officer and comply with the directions referred to in that subsection. 13 Production of travel documents by persons entering Zimbabwe (1) Subject to subsection (2), no person shall enter Zimbabwe unless, if he is— (a) of the age of sixteen years or over, he is— (i) in possession of a valid travel document issued to him; or (ii) accompanied by another person who is in possession of a valid travel document issued jointly to that other person and the person entering Zimbabwe; or (b) under the age of sixteen years, he is— (i) in possession of a valid travel document issued to him; or (ii) accompanied by another person who is in possession of a valid travel document issued to that other person in which are endorsed the particulars of that person entering Zimbabwe. (2) Subsection (1) shall not apply to any person who— (a) enters Zimbabwe as a bona fide member of the crew of an aircraft used as public transport or of a train; or (b) is given a permit to enter Zimbabwe: Provided that such person shall not remain in Zimbabwe otherwise than in terms of such permit; or (c) enters Zimbabwe in accordance with the terms and conditions of an authority referred to in paragraph (a) of subsection (2) of section eleven; or (d) is referred to in paragraph (b) of subsection (2) of section eleven, in respect of his last entry into Zimbabwe before becoming a recognized refugee or protected person in terms of the Refugees Act [Chapter 4:03]. (3) In any prosecution for a contravention of— (a) subsection (1)— (i) the onus of proving that that subsection did not apply to him shall lie upon the accused; (ii) if it is proved that the accused entered Zimbabwe, it shall be presumed, unless the contrary is proved, that he was not in possession of a valid travel document issued to him or that he was not accompanied by another person who was in possession of a valid travel document— A. issued jointly to that other person and him; or B. issued to that other person in which were endorsed his particulars; as the case may be; (b) the proviso to paragraph (b) of subsection (2), if it is proved that the accused entered Zimbabwe and was given a permit so to enter Zimbabwe, it shall be presumed, until the contrary is proved, that he remained in Zimbabwe otherwise than in terms of such permit. (3a) Any person who contravenes subsection (1) or the proviso to paragraph (b) of subsection (2) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [Subsection as amended by Act 22 of 2001] 14 Prohibited persons (1) Subject to this Act, the following persons are prohibited persons—