Report on Citizenship Law: Zambia
person born in or outside Zambia was a citizen if at least one parent (father or mother) was a
citizen at the time of birth – removing the previous gender discrimination applied those born
outside the country, and the limitation in case the father was not himself born in the
country.52 The Constitution removed the right to citizenship based only on birth in Zambia,
and instead created an entitlement for those people born in Zambia after 1973 if the father
was an ‘established resident’, provided also that such people applied to the Citizenship Board
confirming their Zambian citizenship upon attaining the age of 21 years and renounced any
alternative citizenship they held.53 An established resident was defined as a person who had
lawfully resided in Zambian for a period of at least four years but was not a Zambian
citizen.54
Secondly, the 1973 Constitution retained citizenship by naturalisation but extended it
only to people who were either 21 years old or married women and had been resident in
Zambia for at least ten years (increased from five) immediately preceding the application.55
Third, the 1973 Constitution added a requirement for three years’ residence in Zambia
for women married to a Zambian citizen to be eligible to apply for registration as a citizen.56
Fourth, the Citizenship Act, 1975 empowered the President, in his discretion, to direct
that non-citizens who act acted honourably, be registered as citizens as a token of honour57
and where special circumstances exist to warrant a person’s registration as a citizen.58
Fifth, this regime introduced an entitlement for a person born to a non-citizen father at
the time of the person’s birth and who ceased to be a citizen as a consequence of failing to
renounce their alternative citizenship by decent to apply for registration as a citizen.59
Registration as a citizens under this category could be granted on condition that the applicant
renounce the alternative citizenship within 3 months of being informed that their application
had been granted.60
Furthermore, the 1973 Constitution empowered Parliament to enact a law discounting
the time of residence in Zambia under a permit from being considered when determining
eligibility to register as a citizen.61 This provision was ultimately set out in the Zambia
Citizenship Act, 1975,62 which retained the other conditions for registration of citizenship
but, in line with the new constitution, increased the time of ordinary residence in Zambia
from 5 years to 10 years.63
As was the case under the Independence Constitution, this qualifying residence period
would not include time of residence under a permit.64 This confusing provision appears to be
derived from the terms of Independence Constitution allowing for periods of residence under
52
Article 6 of the 1973 Constitution
Section 7(2) of the 1973 Constitution
54
Article 12(2) of the 1973 Constitution
55
Article 7(3) (c) of the 1973 Constitution
56
Article 8(1) (b) of the 1973 Constitution
57
Per section 13(1) of the Citizenship Act 1975
58
Per section 13(2) of the Citizenship Act 1975
59
Section 19(3) of the Citizenship Act 1975
60
Section 19(3) of the Citizenship Act 1975
61
Article 8(3) of the 1973 Constitution
62
Section 18 of the Citizenship Act No 26 of 1975
63
Article 8(1) (c) (ii) of the 1973 Constitution
64
Article 8(3) of the Constitution as read with section 18 of the Citizenship Act, 1975
53
RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s)
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