Kelly Kapianga (LCK Chambers) narrowed, and are now restricted to cases where citizenship was obtained through fraud, misrepresentation and concealment of a material fact.134 3.8 Summary of current provisions for acquisition of citizenship As a result of all that has been discussed above, the 2016 Constitution provides, first, that all citizens under the preceding constitutional regimes continue being citizens. Outside this class, citizenship can be acquired by: a) Birth: in cases where a person is born in Zambia, aboard a ship or an aircraft registered in or owned by the government of the Republic of Zambia and at least one of their parents is or was at their death a Zambian citizen.135 b) Descent: in cases where a person is born abroad to at least one Zambian parent.136 c) Adoption, in cases where a person under the age of 16 is legally adopted by a citizen.137 d) By presumption: where a person under the age of eight years is found within Zambia and both their nationality and parentage are unknown.138 e) By registration: that is, where a person is above the age of 18 and they: f) were born in Zambia and have been ordinarily resident in Zambia for at least five years; g) were born outside Zambia, have or had an ancestor who is, or was, a citizen and they have been ordinarily resident in Zambia for a period of at least five years; h) have been ordinarily resident in Zambia for a continuous period of at least ten years immediately preceding that person’s application for registration;139 or i) a person who is, or was married to a citizen, for a period of at least five years, is entitled to apply to the Citizenship Board of Zambia.140 The 2016 Constitution, like all its predecessors except the 1964 Constitution, creates the Citizenship Board of Zambia141 (CBZ) which serves as the institution to regulate the constitutional and statutory provisions on citizenship. In addition, the principal functions of the CBZ are to deal with applications for registration as a citizen, matters relating to the loss of citizenship and to retain citizenship information.142 134 Article 40, Citizenship of Zambia Act 2016, sections 27, 28 and 29. Article 35(1) as read with Articles 35 (3) and 44 of the Constitution 136 Article 36 of the 2016 Constitution 137 Article 38 of the 2016 Constitution 138 Article 139 Article 37(1) 140 Article 37(2) of the 2016 Constitution 141 Article 41 of the 2016 Constitution 142 Per section 4(1) of the Citizenship Act, 2016 135 20 RSCAS/GLOBALCIT-CR 2020/14- © 2020 Author(s)

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