Kelly Kapianga (LCK Chambers)
a temporary permit to be excluded, but without specifying which type of permit would be
required. The implication as drafted was that only residence without a permit would be
considered, which seems unlikely to be the intention. The Citizenship Act 1975 was amended
in 1986 to state that the relevant period for considering eligibility to apply for citizenship by
registration was that spent when a person has a right to reside in Zambia under an entry
permit.65 This provision is curious because it directly contradicted the provision in the 1973
Constitution providing that such time could not be considered when computing time for
eligibility for registration as a citizen under the ground of having resided in Zambia for at
least 10 years. It is possible that this was an attempt by Parliament to correct the problematic
provision under the Independence Constitution regarding time spent in Zambia under an entry
permit vis a vis eligibility for naturalisation.
The 1973 constitutional regime retained the requirement introduced by the
Independence Constitution that an applicant for registration as a citizen citizenship have
adequate knowledge of the English language or any language commonly used by the
indigenous inhabitants of Zambia.66 This regime went on to prescribe that the languages
commonly used by the inhabitants of Zambia were Bemba, Kaonde, Lozi, Luvale and
Tonga.67 The regime also set out how certain matters relative to eligibility either to
citizenship or to an application for registration were to be proved. Where birth had to be
proved, the applicant needed to produce a birth certificate or affidavit of the place and date of
birth.68 Where marriage and the particulars thereof had to be proved, the applicant had to
produce a marriage certificate.69 Finally, where citizenship had to be proved, then the
applicant had to produce a passport, certificate of registration, a National Registration Card, a
birth certificate or an affidavit of the date and place of birth.70
The 1975 Citizenship Act established a Citizenship Board for the first time.71 The
functions of the Board were to determine any application for registration as a citizen and to
deal with matters relating to citizenship in Zambia.72 The Board assumed many of the powers
previously conferred on the Minister of Home Affairs under the Independence Constitutional
regime as regards dealing with applications and revocation of citizenship.
2.3.1
Cessation of citizenship
In terms of cessation of citizenship, the 1973 Constitution largely retained the same grounds
as the Independence Constitution.
First, like its predecessor, citizenship under the 1973 could be expressly73 or
impliedly74 renounced. Second, as regards automatic cessation, it repeated provisions under
65
Section 3 of the Citizenship of Zambia (Amendment) Act No. 17 of 1986 which deleted and substituted
section 18 of the 1975 Act
66
Section 16(2) (d) of the Citizenship Act, 1975
67
Regulation 17 of the Citizenship of Zambia Regulations, Statutory Instrument Number 56 of 1977
68
Regulation 18(2) (a) of the Citizenship of Zambia Regulations, 1977
69
Regulation 18(2) (b) of the Citizenship of Zambia Regulations, 1977
70
Regulation 18(2) (c) of the Citizenship of Zambia Regulations, 1977
71
Per section 3 of the Citizenship Act 1975
72
Section 8 of the Citizenship Act, 1975
73
Section 19(1) of the Citizenship Act, 1975
74
Section 19(2) of the Citizenship Act, 1975
10
RSCAS/GLOBALCIT-CR 2020/14- © 2020 Author(s)