Kelly Kapianga (LCK Chambers) The Constitution conferred Parliament with power to enact legislation providing that people could be deprived of citizenship at birth or descent if they acquired another citizenship.40 This was achieved in the Citizenship Act, which empowered the Minister of Home Affairs to revoke a person’s citizenship in specific cases. The overriding criterion guiding the Minister’s discretion in this regard was a determination of whether a person’s continued citizenship was conducive to the public good.41 This determination could be founded on the fact that the person had: a) Shown disloyalty towards Zambia; b) During a time Zambia was at war, engaged in, unlawfully traded or communicated with the enemy or was associated with any busines that was, to their knowledge, carried on a way which assisted the enemy; c) Not being an employee of the government or an international organisation in service outside Zambia,42 had been absent from Zambia for a continuous period of seven years without registering with the Zambian consulate or declaring with the Minister of Home Affairs their intention to retain their Zambian citizenship; or d) Acquired Zambian citizenship by means of fraud, misrepresentation, concealment of any material fact or corrupt practice.43 Before the revocation, the Minister had to notify the person in writing of the intended revocation, the grounds on which it was being considered and the person’s right to have an inquiry be made by a commissioner,44 who was a person qualified to be appointed as a judge of either the High Court or Supreme Court, appointed by the Minister.45 2.3 The 1973 Constitution Zambia adopted a new constitution in 1973, which abolished multi-party democracy and reinforced presidential rule. The 1973 constitution46 contained a new citizenship chapter making significant changes to the 1964 regime. In 1975, it was supplemented by a new Citizenship Act,47 and regulations were issued two years later in 1977.48 The Citizenship Act was amended in 198649 and in 1990.50 The 1973 Constitution maintained citizenship granted under the 1964 Constitution.51 However, it significantly amended the basis for attributing citizenship at birth, marking a shift to rights based on descent from a citizen. The 1973 Constitution provided that any 40 Independence Constitution, 1964, Art.11(2) Section 9(3) of the Citizenship Act, 1964 42 Section 9(2) of the Citizenship Act, 1964 43 Section 9(1) (a-d) of the Citizenship Act, 1964 44 Section 9(4) of the Citizenship Act, 1964 45 Section 9(6) of the Citizenship Act, 1964 46 Adopted by Act No.27 of 1973. 47 Act Number 26 of 1975 48 The Citizenship Regulations 1977, Statutory Instrument Number 156 of 1977 49 17 of 1986 50 The Citizenship (Amendment) Act, Number 10 of 1990 51 Article 5 of the 1973 Constitution 41 8 RSCAS/GLOBALCIT-CR 2020/14- © 2020 Author(s)

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