KNOW YOUR CONSTITUTION – Understanding dual citizenship
Published On April 3, 2016 » 1629 Views» By Davies M.M Chanda » Features
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By HARBGUY MWAMBAZI –
CITIZENSHIP still remains an important aspect for any person everywhere as it often ties them to a particular country of origin.
It is safe to say that as many Zambian citizens go out in pursuit of higher education, business, or work in other countries, a provision for them to have two citizenships was a hard task back then.
The amended Constitution has had a touch on the issues to do with citizenship, stretching out a decision for most nationals whether to add an extra residence or not.
Quoting the new amended Constitution, it states that “a person staying outside of Zambia and has attained citizenship in another country is entitled to apply to the citizenship board of Zambia to be registered as a citizen”.
Just recently, the ministry of Home Affairs had encouraged all interested Zambians living in the Diaspora and non-Zambians living in Zambia to apply for dual citizenship following President Edgar Lungu’s assenting to the Amended Constitution.
Home Affairs spokesperson Moses Suwali said the Ministry has modalities for dual citizenship.
Mr Suwali said the new law puts the country on a progressive road as most people living in the Diaspora would be able to come back home and contribute positively towards national development.
“For people living in the Diaspora, this puts them at great advantage. Even foreigners who wish to be Zambians can now apply as well as refugees with a valid passport from their country,” he said.
Mr Suwali said the procedure for applying for dual citizenship was just like that of getting a passport except that the dual citizenship one required a valid passport.
He warned people against using the new law with ill-intentions or for abusive purposes, stating that it should only be used for the good of Zambians and the country, where a citizen is also residing or coming from.
When one looks at the requirements needed to attain dual citizenship, it is not surprising that many Zambians living the Diaspora will be quick to get themselves qualified for such a new development.
One might ask, what are the advantages of having a provision for Zambians and others living outside the country to attain dual citizenship?
Moses Banda 39, a Zambian national based in Canada says the provision was a good as it will pave way for one to enjoy work and own
property in both countries.
“I can say that this new constitutional provision is a positive step, mainly because it will allow those Zambians by descent out there to attain two citizenships. This will mean that someone will be allowed to work in both countries, so you can choose the country with better wages or conditions and at the same time you may be allowed to own property and take advantage of two government service systems,” he says.
Mr Banda said in some countries it is very difficult to own property as well as work.
He adds that the new provision was also a good factor in helping someone who are at school in another country to make a better decision on which country has better services for education.
David Johnson 42, a South African citizen who works in Zambia said the dual citizenship clause will reduce the times he had to sign for visa papers.
“I work in Zambia and usually I make trips to and from Zambia to visit my family back in South Africa, and at the same time I handle some important paper work for my company there. One thing I can say is that the Zambian Government has done a good job to bring in this dual citizenship clause,” he said.
He said there is a lot of paper work involved when applying for a visa, and this has to be done consistently, which at times can be very stressful.
Mr Johnson said with the new visa, it will save him from trying to go through the hustle of handling a lot of paper work.
He said work will also be easier as this new provision of a dual citizenship can reduce the re applying of work permits on someone’s part.
Many in the public have argued as to what would become of the people who terminated citizenship of Zambia before the Constitution was amended?
However, the newly amended Constitution again states that “A person shall not lose citizenship by acquiring the citizen of another country”, it goes further and adds that “A person who ceased to be a citizen before the commencement of this Constitution as a result of acquiring citizenship of another country, shall be entitled to apply, as prescribed, to the Citizenship Board of Zambia, for citizenship and the Citizenship Board of Zambia shall bestow citizenship on that person”.
One cannot negate the fact that dual citizenship is becoming more common in the increasingly interconnected global economy, with many countries now benefiting from the practice.
Charles Musakanya 45, who is a lawyer says the amended Constitution does not just present a possible way for people to have multiple citizenships, but it also gives them time to asses which country suits them best in that regard.
Mr Musakanya says the dual citizenship law is a good thing for Zambia as it holds certain advantages of broadening its economic base by promoting trade and investment between the countries.
He says Zambians will feel at ease to pursue their investment programmes in the country of their residence and their own.
As Lusaka lawyer Roger Chongwe recently observed that the dual citizenship is a human rights issue.
He said that if the country claims to respect human rights, we cannot at the same time deny our people the right to live meaningfully in other countries without losing their Zambian citizenship.
He added as already pointed out that in some countries, it is not possible to live meaningfully and at the same time to live a secure and dignified life if you are not a citizen.
Others have also brought out some disadvantages regarding the dual citizenship law, stating that this might pause a threat to the Zambian people’s well being.
John Tembo 56, a Zambian citizen currently residing in South Africa said that in as much as the Constitution is for the benefit of all peace loving Zambians, it will bring about certain dangers into the country.
“Sometimes we have a lot of people from all over the continent of Africa, who find themselves in Zambia for various reasons such as school, work, visiting, and the like. Sometimes, others would want to abuse the dual citizenship law to carry out certain malicious acts which might put Zambia in danger,” he said.

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