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