MBABANE – If the Immigration Bill, 2025, passes into law, immigration officers will be allowed to carry firearms and detain any person who has committed an offence.
The object of the Bill is to revise and reform the law on the control of entry and departure of persons into and from Eswatini, give effect to the Refugee Convention, 1969 and the Protocol Relating to the Status of Refugees, 1967.
It is also to provide for the establishment of the Immigration Advisory Committee, the establishment of a Tribunal to consider appeals against decisions made under the Act and to repeal the Immigration Act No 17 of 1982.
Section 12 (3) of the Bill stipulates that an immigration officer may be permitted to carry a government issued firearm as determined by the director of immigrations in consultation with the national commissioner of police.
Section 8 (1) (f) of the Bill depicts that an immigration officer shall, for the purposes of this Act, have the power to detain any person whom the immigration officer has reasonable grounds to believe has committed an offence under this Act without a warrant.
While workshopped on the Bill yesterday, Ministry of Home Affairs Portfolio Committee members nodded to the provision that permits immigration officers to carry government issued firearms, revealing that this is the norm in other countries.
MP Chief Ngalonkhulu Mabuza, who is the Chairman of the ministry’s portfolio committee, wanted to know the possibility of having detention centres in the country’s ports of entry after Chief Immigration Officer, Mthokozisi Dlamini, highlighted that some other countries do have the same.
“Is it possible that in our context, as Eswatini, we can have detaining centres, because a lot transpires at the different ports of entry and we have become frightened,” he enquired.
While officially opening the workshop at Happy Valley yesterday, Minister for Home Affairs, Princess Lindiwe, revealed that the legislation would cover a lot of ground, including curbing the involvement of immigration officers in unbecoming behaviour such as making or issuing false documents, certificates, declarations, statements or returns in connection with the office on duty.
*…
Officers should undergo vigorous training – MP
EZULWINI – Appointed Member of Parliament, Tsembeni Magongo, welcomed the provision that permits immigration officers to carry firearms and she suggested they should undergo vigorous training.
Magongo, a former high ranking member of the Eswatini Umbutfo Defence Force (EUDF), submitted that handling a gun comes with a high level of discipline that should be instilled through training.
“Carrying a firearm comes with a high level of responsibility and that entails going through training. If anything, they should also go to Mbuluzi in the army training for a couple of months,” she said.
Hhohho Region MP, Zanele Magagula, enquired on how the immigration officers are protected, given that sometimes they find themselves in the wrong side of the law for merely carrying out their daily duties.
She submitted that as parliamentarians engage on the formulation of the legislation, there are provisions that will give the officers certain authority in executing their duties but same could see them having to answer before court.
“We have seen and read in the media about some of the officers being arrested, yet some were only just carrying out their mandate. How far are the officers protected?” she enquired.
While responding to that, Principal Secretary in the Ministry of Home Affairs, Nhlanhla Nxumalo, touched on the aspect of remuneration for the officers, revealing that they are one of the lowly remunerated government departments.
He said this was informed by the recruitment procedure, which entailed accepting lower grades like Form III and Form V in yesteryears, despite dealing with the elite like businesspeople and erudite, while others have attained degrees in the present time, but are remunerated equally.
*Full article available in our publication
Leave a comment