Lusaka – Zambia’s Constitutional Court has ruled that all children born in the country since 1964, including those of freedom fighters, asylum seekers and refugees, are unconditional citizens by birth, in a landmark unanimous judgement delivered on Monday morning.
A panel of seven judges made the ruling following a case filed by the Zambia Civil Liberties Union, which had challenged a system that required children born to these groups to first obtain permanent resident permits from the immigration department before they could apply for citizenship, placing them in the same category as other foreigners.
The judgement stated: “The framers of the constitution deliberately anchored nationality in birth and descent, thereby affirming that those born within the territory or to Zambian parentage are, by operation of the law, members of the national community.” 
The court further declared that “we hold the definition of ‘ordinary resident’ contained in section 2 of the Citizenship of Zambia Act, insofar as it expands the definition to include holding the residence permit issued under the Immigration and Deportation Act, as inconsistent with the constitution and therefore invalid to the extent of the inconsistency.”
Speaking after the judgement, Zambia Civil Liberties Union Executive Director Isaac Mwanza expressed gratitude to the state for its role in the matter, saying humanity had prevailed.
