Kelly Kapianga (LCK Chambers)
the standard template of the ‘Lancaster House’ constitutions established in the former British
territories – although with important variations in Zambia.
The 1964 legal regime relative to citizenship in 1964 was set out in the 1964
Constitution and the Citizenship of Zambia Act, No.61 of 1964. The defining feature of
citizenship policy under the 1964 Constitution is the desire to create Zambian citizenship
distinct from British Citizenship following Northern Rhodesia’s independence from Britain,
under the new name of Zambia, on 24th October 1964. At this stage, Zambia is populated by
citizens of numerous European countries among the settler community. This Constitution was
intended to create a distinct Zambian citizenship, and to provide transitional provisions that
determined who did or did not become a citizen at independence. To achieve this, the
Constitution employed two strategies, that is, first creating set categories of citizenship; and,
secondly prohibiting those possessing Zambian citizenship from acquiring alternative
citizenship.
2.2.1
Categories of citizenship
The unique feature of the 1964 constitution is that it had to deal with people occupying
Zambia who did not have citizenship (in the conventional sense) and those who were resident
in present day Zambia but were not citizens. To deal with this population, the 1964
Constitution (i) provided transitional provisions for those who acquired citizenship at
independence, and created four categories of citizenship thereafter, that is citizenship by: (ii)
birth; (iii) adoption; (iv) registration; and (v) naturalisation.
2.2.2
Transitional provisions
The Independence Constitution conferred citizenship automatically at independence on every
person who was a British Protected Person born in (present day) Zambia before 23rd October
196417; and to people born outside (present day) Zambia whose father became (or could have,
but for his death, become) citizens of (present day) Zambia on 24th October 1964.18
This provision was notably more generous in relation to British Protected Persons
from outside Zambia than that in most other former British territories. Elsewhere the usual
requirement was for one parent (in East Africa) or grandparent (in West Africa) also to have
been born in the territory. Because of this provision, the constitution did not include the usual
provision in other former British territories for those who did not qualify for automatic
attribution but who had a connection to the territory to be able to register as citizens during a
transitional period.
At the same time, the transitional provisions excluded those who were citizens of the
UK and colonies from automatic acquisition. However, the constitution did provide for those
who had naturalised or registered locally (in Northern Rhodesia) as citizens of the UK and
colonies before 24th October 1964 to be able to apply for citizenship.19
17
Independence Constitution, Art 3(1)
Independence Constitution, Art 3(2)
19
Independence Constitution, Art 4(2)
18
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RSCAS/GLOBALCIT-CR 2020/14- © 2020 Author(s)