CHAPTER 124 - CITIZENSHIP OF ZAMBIA ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Citizenship of Zambia Regulations

CITIZENSHIP OF ZAMBIA REGULATIONS

[Section 33]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

   3.   Appointment and duties of Citizenship Officer

PART II
APPLICATION FOR REGISTRATION AS A CITIZEN OF ZAMBIA

   4.   Making of applications

   5.   Advertisement of intention to apply for registration

   6.   Obsolete

   7.   Obsolete

   8.   Obsolete

   9.   Registration under Article 6 of Constitution

   10.   Registration under section 12(1) of Act

   11.   Registration under section 16(3) of Act

   12.   Certificate of registration

   13.   Withdrawal of certificate of registration

   14.   Oath of allegiance

   15.   Declaration in lieu of renunciation

   16.   Alternative forms for application

   17.   Prescription of languages

   18.   Evidence in support of application

PART III
LOSS OF CITIZENSHIP

   19.   Renunciation of citizenship

   20.   Procedure for deprivation of citizenship

   21.   Surrender of certificate of registration

PART IV
MISCELLANEOUS

   22.   Registers

   23.   Registration of intention to remain Zambian

   24.   Certificate in cases of doubt

   25.   Certified copies of documents

   26.   Impounding of certain documents

   27.   Prescribed fees

      FIRST SCHEDULE

      SECOND SCHEDULE

[Regulations by the Citizenship Board]

Act 13 of 1994,

SI 56 of 1977,

SI 100 of 1996,

SI 38 of 1997,

SI 99 of 1997,

SI 142 of 1997,

SI 52 of 2000,

SI 11 of 2006,

SI 41 of 2006,

SI 17 of 2008.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Citizenship of Zambia Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Board” means the Citizenship Board established by section 3 of the Act;

“Chief Immigration Officer” shall have the meaning assigned thereto in the Immigration and Deportation Act;

“Citizenship Office” means the office of the Citizenship Officer;

“Citizenship Officer” means the person appointed under regulation 3 to be a Citizenship Officer;

“immigration officer” shall have the meaning assigned thereto in the Immigration and Deportation Act;

“Secretary” means the secretary of the Board;

“senior government officer” means any officer in the service of the Government who is in receipt of a salary exceeding K2,500 per annum.

3.   Appointment and duties of Citizenship Officer

   (1) There shall be a Citizenship Officer who shall be a public officer.

   (2) A Citizenship Officer shall, subject to the orders and directions of the Board, carry out the duties imposed upon him by these Regulations.

PART II
APPLICATION FOR REGISTRATION AS A CITIZEN OF ZAMBIA

4.   Making of applications

Every application made in accordance with this Part shall be addressed to the Citizenship Officer who shall, on receipt thereof and after ensuring that the application is duly and properly made as required by these Regulations, lodge the same with the secretary for consideration by the Board.

5.   Advertisement of intention to apply for registration

Every applicant for registration as a citizen of Zambia under Article 6 of the Constitution shall publish in the Gazette and in two consecutive issues of a newspaper registered under the Printed Publications Act and circulating in his area of residence, a notice of intention to apply for registration as a citizen of Zambia in Form 1 in the First Schedule:

Provided that the Board may in writing exempt any person or by statutory order exempt any class of persons from compliance with the provisions of this regulation.

6.   Obsolete

7.   Obsolete

8.   Obsolete

9.   Registration under the Constitution.

An application for registration as a citizen of Zambia under Article 6 of the Constitution shall be in Form 5 in the First Schedule.

10.   Registration under section 12(1) of Act

An application made by the parent or guardian of any person not of full age who is the child of a citizen of Zambia under sub-section (1) of section 12 of the Act shall be in Form 6 in the First Schedule.

11.   Registration under section 16(3) of Act

An application for registration as a citizen of Zambia made under sub-section (3) of section 16 of the Act shall be in Form 7 in the First Schedule.

12.   Certificate of registration

Upon registration of a person as a citizen of Zambia a certificate of registration in Form 8 in the First Schedule shall be issued by the Board and signed by the Citizenship Officer.

13.   Withdrawal of certificate of registration

   (1) Where any person registered as a citizen of Zambia is required to renounce his citizenship of any country other than Zambia, to take the oath of allegiance or to register a declaration of intention concerning his residence in Zambia, the certificate of registration issued in respect of such person may, subject to the provisions relating to extension of time contained in the Act, be withdrawn at the expiration of a period of three months following his registration unless such person has earlier renounced the citizenship of that other country, taken the oath of allegiance and registered such declaration of intention concerning his residence in Zambia as may be required.

   (2) Where under the law of any country a person cannot renounce his citizenship, a person required to renounce the citizenship of such country may, in lieu of renunciation, subscribe and attest a declaration in the form prescribed herein to the effect that he does not have any claim to that other citizenship.

   (3) Where an extension of time within which any person is required to make a renunciation of citizenship or take the oath of allegiance has been granted pursuant to the provisions relating to extension of time contained in the Act, the Citizenship Officer shall endorse the fact of such extension on the certificate of registration.

   (4) A certificate of renunciation or a declaration in lieu thereof, as the case may be, shall be registered at the Citizenship Office.

14.   Oath of allegiance

The oath of allegiance required to be taken under the Constitution shall be subscribed and attested in Form 9 in the First Schedule and shall be registered at the Citizenship Office.

15.   Declaration in lieu of renunciation

A declaration in lieu of renunciation made under sub-section (5) of section 19 of the Act shall be in Form 10 in the First Schedule and shall be registered at the Citizenship Office.

16.   Alternative forms for application

Where a person wishes to make an application or declaration under any of these Regulations and the form referred to in the regulation is, in the opinion of the Board, unsuitable to the particular case, the Board may authorise the application or declaration to be in some other form.

17.   Prescription of languages

The following languages commonly used by the indigenous inhabitants of Zambia are hereby prescribed for the purposes of paragraph (d) of sub-section (2) of section 16 of the Act, namely:

Bemba, Kaonde, Lozi, Lunda, Luvale, Nyanja and Tonga.

18.   Evidence in support of application

   (1) No evidence other than the evidence prescribed in this regulation shall be accepted by the Board in support of any application made under the Act:

Provided that the Board may, where the circumstances of any particular case so warrant, in its discretion accept evidence other than the evidence prescribed in this regulation.

   (2) In any application made under the Act—

      (a)   any statement concerning particulars of birth shall be supported by a birth certificate issued in respect of such birth or an affidavit of the date and place of such birth;

      (b)   any statement concerning particulars of marriage shall be supported by a marriage certificate issued in respect of such marriage;

   (c)   any statement concerning particulars of citizenship shall be supported by a passport, a certificate of registration, a national registration card, a birth certificate, or an affidavit of the date and place of birth, issued or, as the case may be, made on the grounds of such citizenship.

   (3) Every application for registration as a citizen made under Article 6 of the Constitution shall include a certificate of status as an established resident issued by the Chief Immigration Officer under the Immigration and Deportation Act, or as the case may be, a certificate of residence issued in the same manner.

   (4) Every application submitted in accordance with regulation 9 shall be sponsored by four persons who are citizens of Zambia and at least two of whom shall be persons from the following category, that is to say: a member of the National Assembly; a senior government officer; a magistrate; a legal practitioner; a bank official; a municipal councillor; the chairman of a township council; the chairman of a rural council; an ordained minister of religion; or a medical practitioner.

   (5) Every application, declaration, or oath of allegiance required to be made by or under these Regulations shall have no effect unless it is made in the presence of, or administered by, a magistrate or a commissioner for oaths and signed by that magistrate or commissioner for oaths.

   (6) Any certificate, declaration, or affidavit issued or, as the case may be, sworn before the advocate of the applicant shall not be valid for the purposes of these Regulations.

PART III
LOSS OF CITIZENSHIP

19.   Renunciation of citizenship

A declaration of renunciation of Zambian citizenship shall be in Form 11 in the First Schedule and shall be registered at the Citizenship Office.

20.   Procedure for deprivation of citizenship

   (1) Where it is proposed to make an order under section 22 of the Act depriving a person of his citizenship of Zambia, the notice required to be given to such person by subsection (6) of that section may be given—

      (a)   in any case where that person’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by registered post;

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