Kelly Kapianga (LCK Chambers) determined by the tribe’s local customs and rites. Tribal boundaries and the rights that they confer were often shifted as a consequence of factors such as warfare and forces of nature. The arrival of European settlers to the territory in the late 19th century ushered in a period of significant transformation. The Barotseland-North Western Rhodesia Order in Council of 28 November 1899 made Barotseland and North Western Rhodesia British Protectorates3 allowing the European settler community, through the British South Africa Company, to establish a foothold in present-day Zambia. The earliest attempt to recognise a set geographical land mass as the territory of present-day Zambia occurred when two British administrative territories were merged in 1911. The Northern Rhodesia Order in Council, 1911 set out the geographical reaches of the territory of present-day Zambia and called it “Northern Rhodesia.”4 At this time, Northern Rhodesia comprised the native population and the settler community. This created a situation whereby the settlers retained the citizenship granted to them by the laws of their countries of origin while the indigenous populations retained their status under their laws. Therefore, although the Northern Rhodesia Order in Council, 1911 did not ‘create’ any citizenship, it marked out the distinction between the natives whose status and rights were to be determined regulated by their customary laws and the settlers, who are that time were largely British, whose status as citizens and rights would be determined by British law.5 This drew from the British policy relating to the annexation of foreign territories. The policy provided that unless the instrument of annexation provided otherwise, the nationals of any territory the British annexed, acquired, by virtue of the annexation, British nationality.6 However, this rule did not apply to nationals of third party states (with sovereignty recognised by Britain) residing in the annexed territory at the time of annexation.7 Since present-day Zambia did not have its own laws on nationality, citizenship at the time of the British arrival into present day Zambia was viewed from a British perspective, in the sense that an occupant of present-day Zambia was either a British subject or not. This theme is also evident in the British Nationality Acts enacted by British Parliament. British legislation created status tied to the classification of the territory to which a person was connected. For this, British law distinguished among colonies, dominions and protectorates.8 Colonies and dominions fell within the Crown’s dominion and the occupants of these territories were considered British Subjects.9 The residents of British protectorates were, by contrast, merely British Protected Persons.10 3 Laurie Fransman, Adrian Berry and Alison Harvey (2011), Fransman's British Nationality Law, Bloomsbury Professional, 1379 4 Per section of the The Northern Rhodesia Order in Council, 1911 5 Kalombo T. Mwansa, ‘The status of African customary criminal law and justice under the received English criminal law in Zambia: A case for the integration of the two systems’ Zimbabwe Law Review, 1986 Vol. 4 P. 28 available from https://opendocs.ids.ac.uk/opendocs/bitstream/handle/20.500.12413/6377/Mwansa%2C%20Kalombo%20%20T .%20%20%20ZLRev.%20%20vol.%204%2C%20no.%201-2..pdf?sequence=1&isAllowed=y (Accessed 23 September 2020) 6 Bronwen Manby, (2018) Citizenship in Africa: The Law of Belonging, Hart Publishing: Oxford, 42 7 Ibid, p43 8 Bronwen Manby, Citizenship in Africa, 43 9 Section 1(1) of the British Nationality Act, 1948; Bronwen Manby, Citizenship in Africa, 44 10 Ibid 2 RSCAS/GLOBALCIT-CR 2020/14- © 2020 Author(s)

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