available for such search who is an immigration officer, the search may be made by any
woman specially named for the purpose by an immigration officer.
8
Functions of immigration officers in respect of prohibited persons
and others
(1) Subject to section nine, an immigration officer may arrest any person whom he
suspects on reasonable grounds to have entered or to be in Zimbabwe in contravention of
this Act and may detain such person for such reasonable period, not exceeding fourteen
days, as may be required for the purpose of making inquiries as to such person’s identity,
antecedents and national status and any other fact relevant to the question of whether
such person is a prohibited person.
(2) Subject to subsections (5) and (6), an immigration officer may—
(a) subject to subsection (3), remove or cause to be removed from Zimbabwe any
prohibited person; and
(b) pending the completion of arrangements for the removal of a person in terms of
paragraph (a) and such removal, subject to section nine, detain that person.
(3) In relation to the removal of a prohibited person in terms of paragraph (a) of
subsection (2)—
(a) the Chief Immigration Officer may direct the route by which, and the place to
which, such prohibited person shall be removed; and
(b) the person removing such prohibited person may take, or cause to be taken, all
such measures as may be reasonably necessary to effect the removal of such
prohibited person.
(4) When—
(a) leave to enter Zimbabwe is refused or any person is informed for the first time
that he is a prohibited person in terms of this Act, notice in writing specifying
the provision of this Act under which leave to enter Zimbabwe is refused or the
person is a prohibited person, as the case may be, shall be given to the person
concerned;
Provided that, whenever it is alleged that, by virtue of section three A,
the person is deemed not to be married for the purposes of this Act, the notice
shall specify the grounds on which he is deemed by virtue of that section not to
be married;
[Proviso inserted by s. 4 of Act 8/2000.]
(b) any person is arrested or detained in terms of subsection (1) or (2), he shall be
informed forthwith of the reason for his arrest or detention, as the case may be.
(5) Subsection (2) shall not apply in relation to a person who—
(a) is exempted in terms of section sixteen, until his exemption is withdrawn; or
(b) is the holder of a temporary permit or students permit, until the permit is
cancelled or withdrawn or otherwise for any reason ceases to be valid.
(6) A person shall not be removed from Zimbabwe in terms of paragraph (a) of
subsection (2) until the period referred to in paragraph (a) of subsection (2) of section
twenty-one has expired or, if he appeals in terms of that section or makes representations
in terms of subsection (1) of section twenty-three, until his appeal is dismissed, abandoned or withdrawn or the decision in connection with which the representations are
made is confirmed, as the case may be, but, subject to section nine, he may be detained
during such period:
Provided that, where a person has been refused leave to enter Zimbabwe, he shall
not be entitled to enter or remain in Zimbabwe for the purpose of noting or prosecuting
his appeal or making representations to the Minister, as the case may be, or to be present
at
the
hearing
of
an
appeal