Report on Citizenship Law: Zambia
detailed information about their biographical information and circumstances surrounding the
loss of Zambia citizenship.126
By contrast, a Zambian acquiring a second citizenship only needs to notify the
Citizenship Board of the acquisition of the new citizenship by filing a simple standard form.
To harmonise dual citizenship with the realities created by the previous constitutions
which did not permit it except for those born with dual citizenship, the Constitution allows
people who had lost their citizenship under previous constitutions as a consequence of
acquiring alternative citizenship to apply for Zambian citizenship to be bestowed on them.127
What is unclear is whether such citizens will be recognised as citizens by registration or can
be registered as citizens by birth or descent. The toleration for dual citizenship also creates a
complication as regards people entitled to citizenship by descent. Citizens by descent who
hold alternative citizenship can get their citizenship formally recognised and documented
once their application for dual citizenship under article 39(2) of the Constitution is granted.
However, since neither the Constitution nor the Citizenship Act, 2016 provides for
registration as a citizen by descent, people entitled to citizenship by descent who either do not
hold alternative citizenship or are born after 5th January 2016 will not have a similar right to
have their citizenship documented.
3.7 Cessation of citizenship
A significant change introduced by the 2016 constitutional amendment is a narrowing of the
grounds on which citizenship can be lost. First, as a consequence of the toleration for dual
citizenship, an implied renunciation by voluntary acquisition of another citizenship, or
automatic cessation by a citizen retaining alternative citizenship under the previous
constitutional regimes no longer apply. Therefore, cessation of citizenship is now only by an
express renunciation128 and by revocation of citizenship by registration if the registration129
was procured through fraud, false representation or concealment of a material fact.130
The Citizenship Act, 2016 introduces an automatic re-acquisition of Zambian
citizenship by a person who lodges a declaration of renunciation but does not, within six
months after the registration of the declaration, acquire alternative citizenship.131 In addition,
the 2016 constitutional regime maintains the notice requirement and right to have an inquiry
appointed in the revocation of citizenship procedures contained under the Citizenship Act,
1975.132 However, it additionally creates a right for the person whose citizenship is revoked
to appeal to the High Court within thirty days of the Board’s decision.133
As a consequence of the toleration for dual citizenship, citizenship is no longer lost on
voluntary acquisition of another citizenship, or retaining another citizenship if a person was
born with two citizenships. The criteria for deprivation of citizenship have also been
126
Form VII in the Schedule to the Citizenship of Zambia Regulations, 2017
Article 39(2) of the 2016 Constitution
128
Section 32 of the Citizenship Act, 2016
129
As read with section 27 of the Citizenship Act, 2016
130
Article 40 of the 2016 Constitution.
131
Section 32(6) of the Citizenship Act, 2016
132
See section 31 of the Citizenship Act, 2016
133
Section 30 of the Citizenship Act, 2016
127
RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s)
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