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
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RSCAS/GLOBALCIT-CR 2020/14- © 2020 Author(s)