CHAPTER 124
CITIZENSHIP OF ZAMBIA ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
CITIZENSHIP BOARD

   3.   Establishment and composition of Citizenship Board

   4.   Provisions relating to office of member

   5.   Directions by the President

   6.   Secretary of Board

   7.   Correction of errors in register

   8.   Functions of Board

   9.   Decisions of Board to be final

   10.   Meetings of Board

PART III
CITIZENSHIP BY ADOPTION

   11.   Citizenship by adoption

PART IV
CITIZENSHIP BY REGISTRATION

   12.   Registration of minors

   13.   President’s power to cause persons to be registered as citizens

   14.   Repealed by Act No. 17 of 1986

   15.   Obsolete

   16.   Persons entitled to be registered as citizens

   17.   Persons excluded from applying for registration as citizens

   18.   Periods to count as periods of residence

PART V
CESSER, DEPRIVATION AND RENUNCIATION OF CITIZENSHIP

   19.   Cesser of citizenship

   20.   Extension of period

   21.   Restoration of lapsed citizenship

   22.   Deprivation of citizenship

   23.   Renunciation of citizenship

PART VI
SUPPLEMENTAL

   24.   Certificates of citizenship in cases of doubt

   25.   Evidence

   26.   Manner of making applications

   27.   Offences

   28.   Communications of Board to be privileged

   29.   Prohibition of publication and disclosure of information to unauthorised persons

   30.   Immunity of members

   31.   Fiat of Director of Public Prosecutions

   32.   Annual report

   33.   Regulations

   34.   Saving

AN ACT

to repeal and replace the Citizenship of Zambia Act; to provide for the establishment of the Citizenship Board and to determine its composition and functions; to make provision for the acquisition of citizenship of Zambia by adoption and by registration; to provide for the confirmation of citizenship of Zambia; to provide for the cesser, deprivation and renunciation of citizenship of Zambia; and to provide for matters connected with or incidental to the foregoing.

[4th March, 1977]

Act 26 of 1975,

Act 17 of 1986,

Act 24 of 1988,

Act 10 of 1990,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Citizenship of Zambia Act.The Citizenship of Zambia Act commenced on 4th March, 1977 by virtue of SI 55 of 1977')">1

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“Board” means the Citizenship Board established under section 3;

“certificate of registration” means a certificate of registration issued under this Act;

“Chairman” means the Chairman of the Board or any other person appointed to act as Chairman under section 4;

“citizen” means a citizen of Zambia;

“Constitution” means the Constitution of Zambia;

“established resident” has the meaning assigned to it in the Constitution;

“member” means a member of the Board, and includes any person appointed to act as a member under section 4;

“secretary” means the secretary of the Board;

“Zambia consulate” means an office of a consular officer of the Government where a register of births or residents is kept or, where there is no such office, such office as may be prescribed.

   (2) For the purposes of this Act—

      (a)   a person shall be of full age if he has attained the age of twenty-one years and of full capacity if he is not a mentally disordered or defective person, so found and not discharged as sane, under the provisions of the Mental Disorders Act;

      (b)   a person shall be deemed not to have attained a given age until the beginning—

      (i)   of the relevant anniversary of the day of his birth;

      (ii)   in the case of a person born on the 29th February in any year, of the 1st March in the year which is twenty-one years after the year of his birth;

      (c)   any woman who is or has been married shall be deemed to be of full age.

PART II
CITIZENSHIP BOARD

3.   Establishment and composition of Citizenship Board

   (1) There is hereby established pursuant to Article 8 of the Constitution a Board to be known as the Citizenship Board.

   (2) The Board shall consist of the Minister as Chairman and four other members appointed by the President.

   (3) Subject to the provisions of this Act, a member shall hold office for a period of four years from the date of his appointment, and upon such terms and conditions as the President may determine at the time of his appointment.

   (4) Notwithstanding the provisions of sub-section (3), two of the first four appointed members shall vacate office after a period of two years which shall be specified in their letters of appointment.

   (5) A retiring member shall be eligible for re-appointment:

Provided that a member who retires after holding office for four years shall not be eligible for re-appointment for a period exceeding two years.

4.   Provisions relating to office of member

   (1) A person shall not be qualified for appointment as a member if—

      (a)   he is not a citizen;

      (b)   he has not attained the age of twenty-one years;

      (c)   he is, under any law in force in Zambia, adjudged or otherwise declared to be of unsound mind;

      (d)   he has been sentenced to a term of imprisonment of or exceeding six months;

      (e)   he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any written law; or

      (f)   his freedom of movement is restricted or he is detained under the authority of any written law.

   (2) Subject to the provisions of this section—

      (a)   a member shall hold office at the President’s pleasure;

      (b)   the office of a member shall become vacant—

      (i)   if any circumstances arise that, if he were not a member, would cause him to be disqualified for appointment as such;

      (ii)   obsolete;

      (iii)   if he resigns his office; or

      (iv)   at the expiration of the term for which he was appointed or re-appointed.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.