Constitution of Zambia (Amendment) Act No. 2 of 2016
Published: 6/Jan/2016
Amends the 1991 Constitution, including replacing Chapter IV which provides for citizenship. The amendment permits dual citizenship for the first time, and also provides a presumption of citizenship for children of unknown parents. The amendments restore some limited rights to citizenship based on birth in Zambia — though not to the extent provided before the 1991 constitution came into force.
Articles 35-38 provide:
35. (1) 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.
(2) 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.
(3) 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.
36. 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.
37. (1) 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.
(2) 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.
38. A child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption.
Download amendment act: Zambia Constitution Amendment Act No2 2016
Download full constitution as amended: https://www.constituteproject.org/constitution/Zambia_2016.pdf?lang=en