CITIZENSHIP OF ZAMBIA ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1.   Short title

   2.   Interpretation

PART II
THE CITIZENSHIP BOARD OF ZAMBIA

   3.   Composition of Board

   4.   Functions of Board

   5.   Tenure of office and vacancy

   6.   Proceedings of Board

   7.   Delegation of functions of Board

   8.   Seal of Board

   9.   Emoluments

   10.   Chief Passports and Citizenship Officer, Deputy Chief Passports and Citizenship Officer and other staff

   11.   Disclosure of interest

   12.   Prohibition of publication or disclosure of information to unauthorised persons

   13.   Oath on appointment

   14.   Immunity

PART III
CITIZENSHIP BY BIRTH

   15.   Registration of births and national registration

   16.   Citizenship by presumption for foundlings

PART IV
CITIZENSHIP BY REGISTRATION

   17.   Citizenship by registration

   18.   Citizenship by marriage

   19.   Citizenship of adopted child

PART V
APPLICATION FOR CITIZENSHIP

   20.   Application for registration as citizen

   21.   Rejection of application

   22.   Computation of period of residence for purposes of registration

   23.   Registration as citizen

   24.   Oath of allegiance

PART VI
DUAL CITIZENSHIP

   25.   Dual citizenship

   26.   Restoration of ceased citizenship

PART VII
DEPRIVATION AND RENUNCIATION OF CITIZENSHIP

   27.   Loss of citizenship

   28.   Notice of intention to deprive person of citizenship

   29.   Deprivation of citizenship

   30.   Appeal

   31.   Appointment of commissioner

   32.   Renunciation of citizenship

PART VIII
FINANCIAL PROVISIONS

   33.   Funds of Board

   34.   Financial year

   35.   Accounts and audit

   36.   Annual report

PART IX
GENERAL PROVISIONS

   37.   Register

   38.   Correction of errors in register

   39.   Producing false or misleading documents

   40.   Failure or refusal to return national identity document

   41.   Unlawful possession of national identity document

   42.   General offences

   43.   Privileged report

   44.   Evidence

   45.   Regulations

   46.   Repeal of Cap. 124

   47.   Savings and transitional provisions

An Act to provide for the composition, functions, tenure and procedures of the Citizenship Board of Zambia; make procedural provisions for the acquisition, deprivation and renunciation of citizenship of Zambia; repeal and replace the Citizenship of Zambia Act, 1975; and provide for matters connected with, or incidental to, the foregoing.

[7th June, 2016]

Act 33 of 2016.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Citizenship of Zambia Act.

2. Interpretation

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

“associate” has the meaning assigned to it in the Anti-Corruption Act, 2012;

“Board” means the Citizenship Board of Zambia established under Article 41 of the Constitution;

“Chairperson” means the person appointed as the Chairperson of the Board or a person appointed to act as Chairperson under section 3;

“Chief Passports and Citizenship Officer” means the person appointed as such under section 10;

“citizen” has the meaning assigned to it in the Constitution;

“Deputy Chief Passports and Citizenship Officer” means the person appointed as such under section 10;

“dual citizen” means a citizen who has acquired the citizenship of another country;

“dual citizenship” means the acquisition of the citizenship of one other country in addition to Zambian citizenship;

“Emoluments Commission” means the Emoluments Commission established under Article 232 of the Constitution;

“functions” includes powers and duties;

“member” means a person appointed as a member of the Board under section 3;

“national identity document” means a document used to verify aspects of a person’s personal identity;

“national registration card” has the meaning assigned to it in the National Registration Act;

“oath of allegiance” means an oath taken in accordance with sections 4 and 5 of the Official Oaths Act;

“ordinarily resident” means a person who has been a resident in Zambia and is a holder of a residence permit issued under the Immigration and Deportation Act, 2010;

“relative” means—

   (a)   a person’s son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and

   (b)   a person’s spouse or the spouse of any of the persons mentioned in paragraph (a);

“Vice-Chairperson” means the person elected as Vice-Chairperson under section 3.

   (2) For the purposes of this Act—

   (a)   a person is of full age if that person has attained the age of 18 years; and

   (b)   a person shall be deemed to have attained full age—

      (i)   on the commencement of the eighteenth anniversary of the person’s date of birth; or

      (ii)   in the case of a person born on the 29^th February in any year, on the 1^st of March in the year which is 18 years after the person’s date of birth.

PART II
THE CITIZENSHIP BOARD OF ZAMBIA

3. Composition of Board

   (1) The Board shall consist of the following part-time members appointed by the President—

   (a)   the Minister as Chairperson; and

   (b)   four other members.

   (2) A person shall not be appointed as a member if that person—

   (a)   is not a citizen;

   (b)   has dual citizenship;

   (c)   is below the age of 21 years;

   (d)   has a mental or physical disability that would make that person incapable of performing the functions of a member;

   (e)   is convicted of an offence under this Act or any other written law and sentenced to a term of imprisonment for a period exceeding six months without the option of a fine;

   (f)   is an undischarged bankrupt or is declared bankrupt under any written law; or

   (g)   is detained under the authority of any written law or that person’s freedom of movement is restricted.

4. Functions of Board

   (1) Subject to the Constitution and this Act, the functions of the Board are to—

   (a)   consider and determine applications for registration as a citizen;

   (b)   consider and determine applications for the declaration and renunciation of citizenship;

   (c)   consider and determine matters relating to deprivation of citizenship acquired by registration;

   (d)   receive, maintain and update information on citizenship; and

   (e)   do all such other things as are necessary or incidental to the performance of its functions under this Act.

   (2) The Board may, in furtherance of its functions—

   (a)   collect information that it considers relevant for the performance of its functions;

   (b)   undertake consultations with stakeholders or hold inquiries for the purposes of performing its functions under this Act; and

   (c)   receive written or oral statement