IMMIGRATION ACT (as at 10th October, 2006) (5a) Any person who⎯ (a) contravenes subsection (1); or (b) without just cause, fails to comply with any requirement in terms of subsection (5); 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 inserted by s. 4 of Act 22/2001.] (6) In any prosecution for a contravention of subsection (1)— (a) the onus of proving that that subsection did not apply to him shall lie upon the accused; (b) if it is proved that the accused departed from Zimbabwe, it shall be presumed, unless the contrary is proved, that he failed, on arrival at a port of exit, to present himself to an immigration officer and to comply with such directions as may be prescribed. 26 Production of travel documents by persons departing from Zimbabwe (1) Subject to subsection (2), no person shall depart 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 departing from Zimbabwe; (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 the person departing from Zimbabwe. (2) Subsection (1) shall not apply to any person who— (a) departs from 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 in the prescribed form allowing him to depart from Zimbabwe; or (c) departs from Zimbabwe for a reason described in paragraph (a), (b) or (c) of subsection (1) of section 3 of the Refugees Act [Chapter 4:03]. (2a) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. [Subsectioin inserted by s. 4 of Act 22/2001.] (3) In any prosecution for a contravention of subsection (1)— (a) the onus of proving that that subsection did not apply to him shall lie upon the accused; (b) if it is proved that the accused departed from 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— (i) issued jointly to that other person and him; or (ii) issued to that other person in which were endorsed his particulars; as the case may be. - 17 -