Kelly Kapianga (LCK Chambers) Under all but the Independence Constitutional regime, residence in Zambia for ten years created an entitlement to apply for registration as a citizen. The problem is that the constitutions and the statutes enacted under them provided contradictory criteria for the time to be considered in computing the ten years. For instance, under the 1964 and 1991 Constitutions, the time of residence in Zambia under a permit was not to be considered when computing the 10 years. Under the 1973 and 2016 Constitutions this is precisely the time which was to be considered in computing the ten years. Therefore, under the 2016, Constitution, a foreigner resident in Zambia for ten year under a permit can apply for citizenship even if the entire period or a portion of it was under a permit. What is confusing is whether time spent in Zambia under a permit before 5th January 2016 would be discounted in computing time for purposes of eligibility to apply for registration as a citizen under the 2016 Constitution. Since the immediate predecessor to the 2016 Constitution, provided that time spent under a permit was not to be considered, a question that arises is whether the 10 years under a permit starts running only on 5th January 2016, when the 2016 Constitution came into force. For instance, if a person has been resident under a work permit from 2010 and wishes to apply for citizenship in 2020 for having been resident in Zambia for ten years, it is unclear whether the six years between 2010 and 2016 would count as part of the ten years. On strict interpretation of the law, the pre-2016 time under a permit should not count when computing time under the 2016 Constitution. This is because the Interpretation and General Provisions Act147 which regulates the interpretation of statutes in Zambia on matters left unclear by the statute provides that: “(3) Where a written law repeals in whole or in part any other written law, the repeal shall not[…] (b) affect the previous operation of any written law so repealed or anything duly done or suffered under any written law so repealed; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any written law so repealed….” What this entails, therefore, is that since time spent within Zambia under the permit did not count when computing time of residence in Zambia under the 1991 Constitution, the repeal of its provisions regarding computing time in 2016 does not retrospectively change the status quo. As a consequence, people resident within Zambia under a permit before 5th January 2016 can only rightfully consider the time they have been resident in Zambia under such permit starting on 5th January 2016 for entitlement for registration as a citizen for 10 years. 4.3 The situation of refugees Zambia hosts a sizeable population of refugees. It is clear that under Zambia’s citizenship regime, a refugee who marries a Zambian or is adopted by a Zambian would be eligible to acquire citizenship. What is unclear whether residence in Zambia for ten years by virtue of one’s status as a refugee can make one eligible to apply for registration as a citizen. On the one hand, some provisions of Zambian law appear to allow refugees who have been resident 147 22 Chapter 2 of the Laws of Zambia RSCAS/GLOBALCIT-CR 2020/14- © 2020 Author(s)