IMMIGRATION ACT (as at 10th October, 2006) (b) in the course of such removal enters and passes through Zimbabwe in custody; he shall, on such entry into Zimbabwe and throughout the period of his passage through Zimbabwe in custody, be deemed to be, by reason of such warrant or order, in lawful custody and, if he escapes, he may be apprehended without warrant by any police officer or immigration officer and returned forthwith to the custody from which he escaped. 38A Liability of air carriers where passengers fail to produce valid documents (1) In this section— “air carrier” means a person who operates an air service to or from Zimbabwe in accordance with a permit issued in terms of the Air Services Act [Chapter 13:01]; “travel document”, in relation to a person who requires a visa to enter Zimbabwe, includes such a visa. (2) Where a person enters Zimbabwe on board an aircraft operated by an air carrier and, on being required to do so, fails to produce to an immigration officer a valid travel document which he is required to possess in terms of section thirteen, the air carrier shall be liable, in respect of that person, to pay the Minister on demand— (a) such sum as may be prescribed with the approval of the Minister responsible for finance and the Minister responsible for the administration of the Air Services Act [Chapter 13:01]; and (b) any costs reasonably incurred in the detention of that person in terms of section nine. (3) If an air carrier proves, to the satisfaction of the Minister, that a person produced a valid travel document to an employee of the air carrier immediately before embarking on the flight to Zimbabwe, the air carrier shall not incur liability under subsection (2) in respect of that person. (4) The Minister may recover any amount payable under subsection (2) by proceedings in a court of competent jurisdiction. (5) Any amount paid or recovered under this section shall be paid into the Consolidated Revenue Fund. (6) For the purposes of this section, a travel document shall be regarded as valid unless its invalidity or falsity is reasonably apparent. [Section inserted by s. 9 of Act 8/2000.] 39 Indemnity No liability shall attach to any immigration officer in respect of any loss or damage suffered by any person as a result of the exercise or purported exercise of any power conferred or imposed upon the immigration officer by or in terms of this Act if such immigration officer acts in good faith and without culpable ignorance or negligence. 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. - 23 -