Notes Compiled by: Dr. Ngonidzaishe Makurira.
🧾 Constitutional Provisions on Zambian Citizenship
Article 35 – Citizenship by Birth
A person born in Zambia is a citizen by birth if, at the date of that person’s birth, at least one parent is or was a citizen. A child found in Zambia under 8 years whose parents are unknown is presumed a citizen by birth. (Additional rules for births aboard ships/aircraft apply.)
Article 36 – Citizenship by Descent
A person born outside Zambia is a citizen by descent if, at the date of that person’s birth, at least one parent is or was a citizen by birth or descent.
Article 37 – Citizenship by Registration
A person aged 18+ may apply to the Citizenship Board to be registered as a citizen if:
born in Zambia and ordinarily resident for 5 years; or
born abroad with an ancestor who was a citizen and ordinarily resident for 5 years; or
ordinarily resident for 10 continuous years; OR, irrespective of the above, a person married to a citizen for 5 years may apply.
⚖️ Case Analyses with Enhanced 'Issue' Sections
I. Citizenship by Birth
Case: Banda v Chief Immigration Officer & Another (S.C.Z. Judgment No. 28 of 1994) [1994] ZMSC 28 (24 October 1994)
Issue (clarified):
The appellant asserted he was a Zambian citizen by birth, claiming to have been born in Zambia to Zambian parents. The State contested his nationality, presenting evidence suggesting he was a Malawian national. The central question was: Did the appellant provide credible evidence to establish that at least one of his parents was a Zambian citizen at the time of his birth, thereby qualifying him for Zambian citizenship under Article 35?
Rule:
Under Article 35, citizenship by birth requires proving that at least one parent was a Zambian citizen at the time of the individual's birth. The burden of proof rests with the claimant, and possession of national documents alone is insufficient without corroborative evidence.
Application:
The Court examined the appellant's testimony and supporting documents, finding inconsistencies and contradictions regarding his birthplace and parental lineage. Witness testimonies and official records failed to substantiate his claims of Zambian parentage or birth in Zambia.
Conclusion:
The appellant did not meet the evidentiary burden to prove his citizenship by birth. Consequently, the Court upheld the deportation order, emphasizing the necessity for credible and consistent evidence in nationality claims.
II. Citizenship by Descent
Case: Seanyana State Advocate Mundungani Isdore C.P. v Chief Immigration Officer & Others, High Court (1989/HP/1949), judgment 1991
Issue (clarified):
The applicant, born outside Zambia, was detained by immigration authorities and threatened with deportation. He contended that he was a Zambian citizen by descent, asserting that his grandfather was born in Northern Rhodesia (now Zambia). The primary issue was: Did
