PASSPORTS ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Appointment of Chief Passport Officer and passport officers

   4.   Functions of Chief Passport Officer

   5.   Issue of passport

   6.   Inclusion of child’s particulars in parent’s passport

   7.   Refusal to issue passport

   8.   Cancellation of passport

   9.   Appeal against refusal to issue or decision to cancel passport

   10.   Taking possession of passport

   10.   Diplomatic passport

   12.   Passport may be issued in place of travel document

   13.   Issue of travel document

   14.   Issue of travel documents to stateless persons

   15.   Passport officers to issue passports at Zambian Missions

   16.   Person not to enter or leave Zambia without passport, etc.

   17.   Delivery of passport

   18.   Replacement of lost or stolen passport

   19.   Offences and penalties

   20.   General penalty

   21.   Regulations

   22.   Savings

AN ACT

to provide for the vesting of powers and duties with respect to the issuance of, and control over, passports and travel documents, and to provide for matters connected with, or incidental to the foregoing.

[12th December, 2003]

Act 22 of 2003.

1.   Short title

This Act may be cited as the Passports Act.

2.   Interpretation

In this Act, unless the context requires—

“Chief Passport Officer” means the person appointed as Chief Passport Officer under section 3;

“citizen” means a citizen of Zambia;

“passport” means a passport issued in terms of this Act and includes a passport issued by a Government of a foreign country to a citizen of that country;

“travel document” means any travel document other than a passport issued in terms of this Act and includes a travel document issued by a Government of a foreign country to a citizen of that country; and

“Zambian Mission” means a High Commission, Embassy or Consular Office of the Zambian Government and includes any other office that the Minister may, by statutory instrument, prescribe.

3.   Appointment of Chief Passport Officer and passport officers

There shall be appointed by the Public Service Commission, as public officers, a Chief Passport Officer and such passport officers as shall be necessary for the proper administration of this Act.

4.   Functions of Chief Passport Officer

   (1) The functions of the Chief Passport Officer under this Act may be exercised and performed by the Chief Passport Officer in person or by a passport officer acting in accordance with the Chief Passport Officer’s general or special directions.

   (2) In the performance of functions under this Act the Chief Passport Officer shall act in accordance with the direction of the Minister

5.   Issue of passport

   (1) On application being made, the Chief Passport Officer shall, within twenty-one days of receipt of an application for a passport, issue a passport to any citizen of Zambia who satisfies such conditions as the Minister may, by statutory instrument, prescribe.

   (2) The application referred to in sub-section (1) shall be in the prescribed form and shall be accompanied by the prescribed application fee and such documents as may be prescribed.

   (3) Every passport issued under sub-section (1) shall be in the prescribed form and shall specify the countries for which the passport is valid.

   (4) Subject to section 8 every passport issued under sub-section (1) shall be valid for a period often years from the date of issue: Provided that a passport issued in respect of a child who is below the age often years shall be valid for a period of five years from the date of issue.

   (5) Any passport issued under sub-section (1) may, on application being made, be renewed or endorsed by the Chief Passport Officer as the Chief Passport Officer considers necessary.

   (6) The Chief Passport Officer may—

      (a)   upon the request of an applicant; or

      (b)   if there is good reason to restrict an applicant to a journey to a specific country or countries; endorse the passport of such applicant as valid for a specific country or countries as requested or restricted.

   (7) Where the Chief Passport Officer restricts the validity of a person’s passport to a specific country or countries under sub-section (7), the Chief Passport Officer shall record the reasons for such restriction and furnish a report on the matter to the Minister.

6.   Inclusion of child’s particulars in parent’s passport

   (1) Subject to sub-sections (2) and (3), any person may apply to the Chief Passport Officer, in the prescribed form, for the inclusion of the particulars of that person’s child who is under the age of ten years in that person’s passport.

   (2) Subject to sub-sections (3) and (4), a child’s particulars shall not be included in a parent’s passport unless the other parent has given their consent in writing, to the child’s particulars being included in the applicant parent’s passport:

Provided that the parent whose consent is required in terms of this section shall not unreasonably withhold the consent.

   (3) The consent of a parent referred to in sub-section (2) shall not be necessary—

      (a)   if the parent in whose passport the child’s particulars are to be included, has been appointed as sole guardian of that child by order of a Court; or

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