2025\/CCZ\/003<\/p>\n
[…] the Petitioner seeks the following relief and remedies:<\/p>\n
i. Interpretation of Articles 37, 42 (b) and 266 of the Constitution of Zambia as read together with Sections 20 (1) (c) and 49 of the Refugees Act No 1 Of 2017 on acquisition of citizenship by refugees and their dependents;
\nii. A declaration that the definition of the word “ordinarily resident” as contained in section 2 of the Citizenship of Zambia Act is inconsistent with the definition provided in Article 266 of the Constitution as amended and is null and void to the extent of its inconsistency;
\niii. A declaration that section 2 of the Citizenship of Zambia Act altered the definition of the words “ordinarily resident” as contained in Article 266 of the Constitution, without following the proper procedure outlined in the Constitution. An act that contravenes Article 79 of the Constitution; and iv. Any other reliefs the Court may deem fit.<\/p>\n
—<\/p>\n
Article 37 of the Constitution.<\/p>\n
(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<\/p>\n
(a) was born in Zambia and has been ordinarily resident in Zambia for a period of at least five years;
\n(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
\n(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.<\/p>\n
(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.<\/p>\n
—<\/p>\n
[6.0) ORDER
\n[6.1] It is hereby Ordered and declared as follows:<\/p>\n
a) The definition of “ordinarily resident” contained in section 2 of the Citizenship Act, in so far as it qualifies the meaning of that term to include the holding of a residence permit issued under the Immigration and Deportation Act is Inconsistent with the Constitution and is invalid to the extent of that inconsistency.<\/p>\n
b) The claim by the Petitioner alleging non-compliance by Parliament with the constitutional amendment procedure under Article 79 of the Constitution is dismissed.<\/p>\n
c) Each party to bear own costs.<\/p>\n