1.
CITIZENSHIP IN ZAMBIA
Article 39 (1) of Act No. 2 of 2016 provides for dual Citizenship in
Zambia. The article provides that a citizen shall not lose citizenship by
acquiring the citizenship of another country. Section 25 (2) of the
Citizenship of Zambia Act No.33 of 2016 provides that Subject to
Article 39 of the Constitution and this Act, a citizen who acquires the
citizenship of another country is entitled to retain the citizenship of Zambia.
Further, Article 34 of the Act provides for the types of Citizenships that
exists in Zambia in that Citizenship may be acquired by birth, descent,
registration or adoption in accordance with part IV of Act No. 2 of 2016.
Part IV of the Constitution provides for Citizenship in Zambia. The law allows
for individuals to have dual citizenship as provided for under Article 39 of
the Act and Section 25 (2) of the Citizenship Act. Citizenship in Zambia
can be acquired by birth, descent, registration or adoption as provided in the
Act
1.1 Citizenship by Descent
Article 36 of Act No.2 of 2016 provides for Citizenship by descent, the
Act provides that 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. What the Act entails is that a person
born outside Zambia is a Zambian citizen if at the time of birth either one
of their parents is or was a Citizen by birth or descent.
2.2 Citizenship by Registration (Marriage)
Article 37 (2) of Act No. 2 of 2016 provides that 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.
Section 18 of the Citizenship of Zambia Act provides that a person who
has been married to a citizen of Zambia for a period of at least five years
may apply, in the prescribed manner, to be registered as a citizen if—
(a) the marriage was solemnized under a system of law recognized in
Zambia, whether solemnized in Zambia or outside Zambia;
(b) the applicant has not been declared a prohibited immigrant under the
Immigration and Deportation Act, 2010, or any other written law;
(c) the applicant has not been convicted of an offence and sentenced to
imprisonment; and
(d) the marriage was not entered into for the purpose of acquiring a status or
privilege in relation to immigration or citizenship.
A person may acquire citizenship by marriage if they are or were married to
a citizen for a period of at least five years provided that the marriage was
solemnized under a system of law recognized in Zambia whether solemnized
in or outside Zambia. Further, the applicant must not have been declared a
prohibited immigrant neither should they have been convicted of an offence
and sentenced to imprisonment and lastly that the said marriage was not
entered into for the purpose of acquiring a status privilege in relation to
immigration or citizenship.
Once a person satisfies or the standards set out to acquire Citizenship by
Registration (marriage) in Zambia they may then proceed to apply for
Citizenship in pursuant to PART V of the Citizenship of Zambia Act No.
33 of 2016.
In sum of the above, the Constitution of Zambia allows for individuals to have
dual citizenship, this citizenship can either be obtained by descent and
registration and should be done in accordance with the laws as stated above.
