Report on Citizenship Law: Zambia
Zambia was a British protectorate and the people native to it were British Protected
Persons whose lives and status continued being governed by their customary laws. People
born to British Protected Persons did not become British subjects unless their father was a
British subject.11 In 1948, the British Nationality Act converted all British subjects into
‘Citizens of the United Kingdom and Colonies’.
In 1954, the Federation of Rhodesia and Nyasaland Order-in-Council created a
federation of Nyasaland (today’s Malawi), Northern Rhodesia (Zambia), which were
protectorates, and Southern Rhodesia (Zimbabwe), an independent Commonwealth country.12
In 1957, the Federation enacted legislation providing ius soli citizenship of the federation for
those born before or after the date of creation of the Federation, and for other transitional
provisions.13 Following this, the British Nationality Act, 1958 was enacted, amending the
British Nationality Act, 1948. According to this statute, inhabitants of present-day Zambia
who were citizens under the laws of the Federation were eligible to apply for UK citizenship
by virtue of their occupation of the Federation.14 However, most residents of Northern
Rhodesia remained British Protected Persons.15
Zambia’s independence from Britain brought with it significant changes to the way in
which citizenship is conceived. First, it resulted in the dissolution of the Federation. Second,
citizenship from then onwards was viewed from a Zambian perspective. Since independence,
citizenship in Zambia spans four constitutional regimes: the independence constitution of
1964 and Citizenship Act adopted the same year; the 1973 Constitution, and new Citizenship
Act that entered into force in 1977; the 1991 Constitution, and amendments to the Citizenship
Act enacted in 1994; and finally, the 2016 Constitution and a new Citizenship Act adopted
the same year. These constitutional regimes have had varying purposes relative to the issue of
citizenship. Although the categories of citizenship, and the manner of acquisition and loss of
citizenship, have remained fairly stable, the constitutional changes have made some changes
to the concept. These are discussed below. The most important changes have been in relation
to the role of birth in the territory in providing rights to Zambian citizenship, and the removal
gender discrimination.
Zambia’s laws comprise the Constitution, Zambian statutes, English Statutes whose
application is extended to Zambia, common law and the principles of equity.16 The issue of
citizenship in Zambia is regulated by the Constitution and relevant statutory provisions.
Principles of equity and common law can be referred to when dealing with aspects of
citizenship not adequately dealt with by either the Constitution or statutes.
2.2 Post-Independence: The 1964 Constitution
Because of Zambia’s history as a British protectorate, its legal system is modelled after the
English system. The independence constitution was negotiated with the British according to
11
Bronwen Manby, Citizenship in Africa 45
Bronwen Manby, Citizenship in Africa, 47
13
Bronwen Manby, Citizenship in Africa, 47
14
Section 1(1) of the British Nationality Act, 1958 as read with section 1(3) of the British Nationality Act, 1948
15
Fransman’s British Nationality Law, 1068
16
Article 7 of the Constitution of Zambia as amended in 2016
12
RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s)
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