Law Commission Engages Stakeholders In Reviewing Immigration Act

By George Bulombola

Mzuzu, March 27, mana: Special Law Commission on the review of Immigration Act, Friday engaged various stakeholders to solicit views which can be considered in the process of reviewing the act which was enacted in 1964.

Speaking in Mzuzu during a consultative meeting between the Special Law Commission and its stakeholders, Chairperson of Special Law Commission on the review of Immigration Act, Justice Rizine Mzikamanda SC, said the act is archaic, hence the need for review.

He said the Immigration Act predate the 1966 Republican Constitution which was repealed and replaced with the current rights based Republican Constitution in 1991.

“The Immigration Act has never been reviewed since its enactment regardless of having a reviewed Republican Constitution, improved technology and globalization” said Mzikamanda.

Mzikamanda said the Immigration Department is not explicitly provided in the Constitution and that there is need for legal framework to back up its operations.

“The department exists but not under the law and its operations are conducted administratively and it needs to operate under the laws considering that we are in a democratic and transparency era,” he said.

He said the act has to be aligned to the current Constitution and other international laws which guide migration issues.

Commenting on the development, Deputy Director General who is also responsible for operations at Immigration Department, Commissioner Fletcher Nyirenda, said the department faces a lot of challenges as it operates without an updated piece of legislation.

Nyirenda said migration issues of 1964 are not the same now, saying the issues have completely changed.

“Current migration issues are linked to socio- economic development such as trade, labor which can be created through direct foreign investment,” said Nyirenda.

He said Immigration Department as one of the country’s security agencies is first line of defense, hence the need to institutionalize it properly as is the case with, Malawi Prison Services, Malawi Defense Force and Malawi Police Service.

“The department needs a law to back and regulate its operations and mandate,” said Nyirenda.

He said the review of the act will ensure that its guiding laws are in the best of Malawian citizens.

Some of the inputs included which need the commission’s consideration were control of foreigner from operating small scale businesses in rural areas, foreigners should not be employed in the mainstream government service but only in the private sector.

Other issues were review of ministerial powers on immigration issues as some delegates alleged that the powers conferred on him/her are too much.

Delegates to the meeting included chiefs, business community, representatives of Malawi Police Service, Malawi Defense Force and Immigration Department.