Citizenship

A person who was a citizen of Zambia, immediately before the commencement of this Constitution, shall continue to be a citizen of Zambia and shall retain the same citizenship category from the date the citizenship was acquired.

Citizenship may be acquired by birth, descent, registration or adoption in accordance with this Part.

A person born in Zambia is a citizen by birth if, at the date of that person’s birth, at least one parent of that person is or was a citizen.

A child found in Zambia who is, or appears to be, of not more than eight years of age and whose nationality and parents are not known, shall be presumed to be a citizen by birth.

For the purposes of this Part, a person born aboard’ (a) a registered ship or aircraft of a country, shall be deemed to have been born in the country of registration of the ship or aircraft; or (b) an unregistered ship or aircraft of a country, shall be deemed to have been born in that country.

A person born outside Zambia is a citizen by descent if, at the date of that person’s birth, at least one parent of that person is or was a citizen by birth or descent.

Subject to clause (2), a person is entitled to apply to the Citizenship Board of Zambia to be registered as a citizen if that person has attained the age of eighteen years and’ (a) was born in Zambia and has been ordinarily resident in Zambia for a period of at least five years; (b) was born outside Zambia, has or had an ancestor who is, or was, a citizen and has been ordinarily resident in Zambia for a period of at least five years; or (c) has been ordinarily resident in Zambia for a continuous period of at least ten years; immediately preceding that person’s application for registration, as prescribed.

Notwithstanding clause (1), a person who is, or was married to a citizen, for a period of at least five years, is entitled to apply to the Citizenship Board of Zambia, to be registered as a citizen, as prescribed.

A child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption.

A citizen shall not lose citizenship by acquiring the citizenship of another country.

A citizen who ceased to be a citizen, before the commencement of this Constitution as a result of acquiring the citizenship of another country, shall be entitled to apply, as prescribed, to the Citizenship Board of Zambia, for citizenship and the Citizenship Board of Zambia shall bestow citizenship on that person.

A citizen’ (a) may renounce citizenship as prescribed; or (b) shall be deprived of citizenship if that citizenship was acquired by means of fraud, false representation or concealment of a material fact.

The process and procedures to be followed by the Citizenship Board of Zambia when granting or depriving a person of citizenship shall be prescribed.

There is established the Citizenship Board of Zambia.

The composition, appointment and tenure of office of members of, and procedures to be followed by, the Citizenship Board of Zambia shall be prescribed.

A citizen is entitled to’ (a) the rights, privileges and benefits of citizenship as provided in this Constitution or as prescribed; and (b) a document of identification issued by the State to citizens.

A citizen shall’ (a) be patriotic to Zambia and promote its development and good image; (b) pay taxes and duties lawfully due and owing to the State; (c) protect and conserve the environment and utilise natural resources in a sustainable manner; (d) maintain a clean and healthy environment; (e) provide national, defence and military service when called upon by the State; and (f) co-operate with law enforcement agencies for the maintenance and enforcement of law and order.

A citizen shall endeavour to’ (a) acquire basic understanding of this Constitution and promote its ideals and objectives; (b) register and vote, if eligible, in national and local government elections and referenda; (c) develop one’s abilities to the greatest possible extent through acquisition of knowledge, continuous learning and the development of skills; (d) foster national unity and live in harmony with others; and (e) understand and enhance Zambia’s place in the international community.

A reference in this Part to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of that person’s parent, be construed as a reference to the citizenship of the parent at the time of the parent’s death. [Part IV amended by Act No. 18 of 1996 and substituted by section 4 of Act 2 of 2016]