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Consider adopting dual citizenship clause, Chongwe appeals to NCC

Consider adopting dual citizenship clause, Chongwe appeals to NCC
Written by Ernest Chanda
Monday, May 04, 2009 2:57:46 PM

LUSAKA lawyer Dr Roger Chongwe has called on the National Constitutional Conference (NCC) plenary to consider adopting the dual citizenship clause as proposed in the Mung'omba draft report. In an interview ahead of the NCC final sitting mid this month, Chongwe said the idea of dual citizenship had more legal advantages than disadvantages.

He said it was a submission that came from the majority of Zambians and should not be overshadowed by the minority in the NCC.

"I welcome the Mung'omba recommendation for dual citizenship. In fact, it was also reflected in the Mwanakatwe report and this means that the proposal came from the majority Zambians. Legally, all those children born and brought up outside Zambia will be free to assume Zambian citizenship and bring their money here to invest. This will be a clear demonstration of respect for human rights. It will also give us some economic advantage," Chongwe said.

"We have Zambians living in countries like the United States, Australia, South Africa, Canada and many others. Already their children have been legally adopted as nationals of those countries, so why should it be a problem in this country?"

Chongwe said times were changing and it would not help Zambia to dwell on old systems.

"I know that it was opposed by a small group of people last year, among them my late brother Lieutenant General Christon Tembo. Of course as a military man he had his own reasons, but those reasons do not suffice in modern day Zambia. If we claim to have respect for human rights in this country, then we should seriously consider adopting this clause," Dr Chongwe said.

He said the NCC delegates should have adopted the dual citizenship clause instead of recommending for an appointed Vice-President to take over when the President dies.

"There is absolutely nothing wrong with the dual citizenship clause. There should be no unnecessary controversy on this issue because it is straightforward. It is far much more desirable than the nonsense of an appointed Vice-President taking over automatically when the President dies. This is nonsensical and it should be rejected at the plenary. It did not come from people, but it was their own view, which has been supported by their Vice-President [George Kunda]. After all he is also a member of the NCC so I'm made to believe that they hatched it together," Chongwe said.

According to the Mung'omba Constitution Review Commission (CRC) report of 2005, there were more Zambians who submitted in favour of dual citizenship than those who opposed it.

The petitioners submitted that the Constitution should provide for dual citizenship because there was need to encourage Zambians living abroad who had acquired foreign citizenship to retain their Zambian citizenship.

In its report on page 103, the Mung'omba CRC recommends that the Constitution should permit dual citizenship only in respect of Zambian citizenship acquired by birth or descent.

And the Mung'omba Draft Constitution of 2005 states in Part V clause 20 (1): "A citizen, by birth or descent, shall not lose that citizenship by acquiring the citizenship of another country. (2) A citizen, by birth or descent, and who, before commencement of this Constitution, acquired the citizenship of another country and as a result ceased to be a Zambian citizen shall be entitled to apply to the Citizenship Board to regain that citizenship."

Labels: CONSTITUTION, CRC, DEAN MUNG'OMBA, DUAL CITIZENSHIP, NCC, ROGER CHONGWE

posted by MrK @ 1:59 PM