Arrangement of Sections
1. Short title
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
CITIZENSHIP BY ADOPTION
11. Citizenship by adoption
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 Repealed by Act No. 17 of 1986
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
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
24. Certificates of citizenship in cases of doubt
26. Manner of making applications
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
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.
This Act may be cited as the Citizenship of Zambia Act.1
(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 21 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 21 years after the year of his birth;
(c) any woman who is or has been married shall be deemed to be of full age.
(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.
(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 21 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;
(iii) if he resigns his office; or
(iv) at the expiration of the term for which he was appointed or re-appointed.
(3) A member may be removed from office by the President for inability to discharge the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour.
(4) If the office of Chairman is vacant or if the Minister holding that office is for any reason unable to perform the functions of his office, then, until another Minister has been appointed to and has assumed the functions of that office or until the Minister holding that office has resumed those functions, as the case may be, those functions shall be performed by one of the other members as the President may designate.
(5) If at any time there are less than two members besides the Chairman, the President may appoint any other person to act as a member, and the person so appointed shall, subject to the provisions of sub-paragraphs (i) and (ii) of paragraph (b) of sub-section (2), continue to act until the appointment to act is revoked by the President.
(6) A member may resign his office by writing under his hand addressed to the President and his resignation shall take effect when it is accepted by the President.
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