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   The Constitution of Zambia Act 1991

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CONSTITUTION OF ZAMBIA (PRIOR TO 1996 AMENDMENTS) - PART II
CITIZENSHIP


Article

4. [Citizens of Zambia]

(1) Every person who immediately before the commencement of this Constitution was a citizen of Zambia shall continue to be a citizen of Zambia after the commencement of this Constitution.

(2) A person who was granted citizenship of Zambia before the commencement of this Constitution subject to the performance of any conditions following the happening of a future event, shall become a citizen upon the performance of such conditions.

5. [Children of Zambia]

A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia.

6. [Persons entitled to apply to be registered as citizens ]

(1) Any person who --

  • (a) has attained the age of twenty-one years or is or has been married to a citizen of Zambia; and

  • (b) has been ordinarily resident in Zambia for a continuous period of not less than ten years immediately preceding that person's application for registration; or

  • (c) is a woman who has been married to a citizen of Zambia for a period of more than three years preceding 24th July, 1988;

shall be entitled to apply to the Citizenship Board, in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zambia.

(2) An application for registration as a citizen under this Article shall not be made by or on behalf of any person who, under any law in force in Zambia, is adjudged or otherwise declared to be of unsound mind.

(3) Parliament may provide that any period during which a person has the right to reside in Zambia by virtue of a permit issued under the authority of any law relating to immigration shall not be taken into account in computing the period of ten years referred to in paragraph (b) of clause (1).

7. [Powers of Parliament]

Parliament may make provision for --

  • (a) the acquisition of citizenship of Zambia by persons who are not eligible to become citizens of Zambia under this Part;

  • (b) depriving any person of his citizenship of Zambia:
    Provided that a person who is a citizen --

    • (i) by virtue of Article 5 and was citizen of Zambia before the commencement of this Constitution otherwise than by registration or naturalisation; or

    • (ii) by virtue of Article 6, shall not be deprived of his citizenship except upon the ground that he is a citizen of a country other than Zambia; and

  • (c) the renunciation by any person of his citizenship of Zambia.

8. [Citizenship Board]

Parliament may make provision for the establishment of a Citizenship Board to deal with any of the matters falling under the provisions of Articles 6 or 7.

9. [Cesser of citizenship]

(1) A Citizen of Zambia shall cease to be such a citizen if at any time he acquires the citizenship of a country other than Zambia by a voluntary act other than marriage or does any act indicating his intention to adopt or make use of such citizenship.

(2) A person who --

  • (a) becomes a citizen of Zambia by registration; and

  • (b) is, immediately after he becomes a citizen of Zambia, also a citizen of some other country;

shall, subject to clause (4), cease to be a citizen of Zambia at the expiration of three months after he becomes a citizen of Zambia unless he has renounced the citizenship of that other country, taken the oath of allegiance and made and registered such declaration of his intention concerning residence as may be prescribed by or under an Act of Parliament.

(3) For the purpose of this Article, where, under the law of a country other than Zambia, a person cannot renounce his citizenship of that other country he need not make such renunciation but he may instead be required to make such declaration concerning that citizenship as may be prescribed by or under an Act of Parliament.

(4) Provision may be made by or under an Act of Parliament for extending the period within which any person may make a renunciation of citizenship, take oath or make or register a declaration for the purpose of this Article, and if such provision is made that person shall cease to be a citizen of Zambia only if at the expiration of the extended period he has not then made the renunciation, taken the oath or made or registered the declaration, as the case may be.

10. [Interpretation]

(1) For the purpose of this Part, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(2) Any reference in this Part to the national status 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 his parent, be construed as a reference to the national status of the parent at the time of the parent's death.

(3) For the avoidance of doubt, it is hereby declared that a person born in Zambia before the 1st of April, 1986, whose father was an established resident shall continue to enjoy the rights and privileges, and shall remain subject to the law prevailing immediately before that date.

(4) For the purposes of this Part --

  • "Citizenship Board" means the Citizenship Board established by or under an Act of Parliament;

  • "established resident" means a person who, immediately before the 1st April, 1986, qualified for that status in accordance with the law then prevailing.


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