Report on Citizenship Law: Zambia the Independence Constitution that a citizen would lose Zambian citizenship upon acquiring citizenship of another country by any voluntary act except marriage.75 In addition, the 1975 Act provided that a person who was born to a Zambian citizen but who was simultaneously a citizen or another country or had a claim to citizenship of another country ceased to be a Zambian citizen on attaining the age of 22 unless such person renounced the alternative citizenship or their claim thereto on attaining the age of 21.76 Third, as was the case under its predecessor, citizenship could be revoked for the same reason as under the Independence Constitution, that is, satisfaction by the Board that the person’s continued citizenship was not conducive to the public good.77 The grounds on which this consideration would be based are the same as those under the Independence Constitution discussed above.78 However, the Citizenship Act, 1975 added the ground of a finding by the Board that the person is guilty of currency smuggling or of harbouring criminals or prohibited immigrants as an additional ground.79 People who were citizens before the commencement of the 1973 Constitution (i.e. those who were granted citizenship under the Independence Constitution), and citizens by birth or descent whether born to a Zambian citizen or an established resident, were protected from the Board’s revocation powers.80 It is also important to note that although the 1973 Constitution seemed to contemplate that Parliament could directly revoke a person’s citizenship81 this was not reflected in the Citizenship Act 1975 or the amendments thereto. The person’s due process rights under the Independence Constitutional regime were retained. Before the revocation, the Board 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, who was a person qualified to be appointed as a judge of either the High Court or Supreme Court,82 appointed by the Board.83 The language under the 1973 Constitutional order largely retained the gendered orientation in its language. The Constitution did for the first time permit transmission of citizenship by descent to children born outside Zambia even where only the mother was a Zambian citizen.84 However, the provision that children born to established residents could apply for citizenship continued to require the father to be an established resident (and not the mother). Moreover female citizens could not transmit their citizenship to their spouses upon marriage. 75 Art 11(1) of the 1973 Constitution Section 19(1) of the Citizenship Act, 1975 77 Section 22(5) of the Citizenship Act, 1975 78 Section 22(3) (a-d) of the Citizenship Act, 1975 79 Section 22(3) (e) of the Citizenship Act, 1975 80 Section 22(3) of the Citizenship Act, 1975 81 Article 9 of the 1973 Constitution as read with section 22(3) (d) of the Citizenship Act, 1975 82 Section 22(9) of the Citizenship Act, 1975 83 Section 22(6) of the Citizenship Act, 1975 84 Article 6 of the 1973 Constitution 76 RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s) 11

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