Celestine Mukandila: Zambian Citizenship Challenge Over NRC Cancellation

• Celestine Mukandila's Zambian citizenship and national documents are under challenge, despite her claim of acquiring citizenship by descent through her Zambian mother.
• Born in 1990 in DR Congo, Mukandila asserts her right to Zambian citizenship under Article 36 of the Constitution, which grants citizenship by descent if one parent was a citizen at birth.
• She questions the procedural fairness of the National Registration Card cancellation, especially since she obtained it as a minor and previously served as a Zambian Civil Servant without her nationality being questioned.
• Mukandila demands that the state provide a clear legal basis for any alleged fraud in her document acquisition and adhere to due process, rather than relying on a Gazette notice.
• Her case highlights concerns about public officers exercising statutory powers and the necessity for legal foundations in all decisions affecting a citizen's nationality.

Every decision affecting a citizen must have a clear legal foundation, must be taken by the person or institution legally authorised to take it, and must comply with the requirements of procedural fairness and due process.

Celestine Mukandila, born in 1990 in Lubumbashi, Democratic Republic of Congo, is currently facing a significant challenge to her Zambian citizenship and the validity of her national documents. Her National Registration Card (NRC) and passport have reportedly been cancelled, prompting her to publicly clarify the circumstances surrounding her nationality.

Mukandila asserts that her claim to Zambian citizenship is straightforward, stemming from her birth to a Zambian mother. Her mother, an Ushi by origin, hails from Matanda Village in Mansa, with deep family roots in Zambia's Luapula Province. While her father was a Congolese citizen, Mukandila maintains that her mother's Zambian nationality at the time of her birth is the sole determinant of her status.

She emphasizes that she did not seek Zambian citizenship as an adult through naturalization or any other application process. Instead, she contends that she acquired her citizenship by descent automatically at birth, a fundamental distinction that underpins her legal position in this Zambian citizenship challenge.

Mukandila grounds her claim in Zambia’s constitutional framework, specifically citing Article 36 of the Constitution. This provision stipulates that an individual born outside Zambia is a citizen by descent if, at the time of their birth, at least one parent held Zambian citizenship by birth or descent. Given her mother's Zambian nationality at her birth in 1990, Mukandila argues that her citizenship status was established from day one.

The challenge to her National Registration Card, which she obtained as a minor at approximately 16 years old, raises significant procedural questions. Mukandila highlights that as a child, she was not responsible for independently determining her nationality or fabricating her family history. She argues that if the state alleges fraud in the acquisition of her NRC, it must precisely identify the fraudulent representation, specify who made it, establish who was legally responsible for making declarations at the time, and demonstrate the lawful basis for accusing her, a minor at the time, of fraud in a situation where her nationality was derived from her Zambian parent.

Her family returned to Zambia in 1999, though her mother continued to spend periods in the Democratic Republic of Congo due to employment, all while retaining her Zambian citizenship. Mukandila stresses that a Zambian citizen working or residing abroad does not, by that fact alone, forfeit their national identity.

A key aspect of Mukandila's argument is the state's prior recognition of her Zambian nationality. She previously served as a Civil Servant of the Republic of Zambia, a role that typically involves rigorous vetting and verification processes. During her tenure, her nationality was never flagged as an impediment to her employment by the state, suggesting official acknowledgment of her status.

Furthermore, the National Registration authorities themselves had previously recognized her and issued her with national documentation, including her National Registration Card and passport. This history leads Mukandila to question why her status is being challenged now, particularly after multiple instances where the Zambian state had both the opportunity and the responsibility to verify her nationality.

She expresses particular concern regarding the apparent involvement of a Permanent Secretary in the process of issuing or causing the issuance of a Gazette notice that affects her national documents. This involvement, she suggests, blurs the lines between statutory authority and personal influence in matters of Zambian passport revocation due process.

Mukandila's case underscores critical principles of the rule of law and procedural fairness nationality challenge Zambia. She firmly states that public officers are mandated to exercise statutory powers, not personal ones, and that every decision impacting a citizen must be underpinned by a clear legal foundation. Such decisions, she argues, must be made by the legally authorized person or institution and strictly adhere to the requirements of procedural fairness and due process.

She contends that a Gazette notice, while an official publication, cannot serve as a substitute for established legal processes. If the state believes she has ceased to be a Zambian citizen, she demands that it must identify the specific constitutional and statutory provision under which such a cessation could occur. This stance highlights the importance of transparent and legally sound procedures in any action taken against a citizen's fundamental right to nationality, especially concerning a DR Congo born Zambian mother citizenship claim.

This case provides a critical examination of Zambia's citizenship by descent provisions (Article 36) and the procedural fairness required for the state to challenge or revoke national documents. Lawyers advising clients on Zambian nationality, particularly those born abroad to Zambian parents, should monitor this matter for precedent on the interpretation of constitutional citizenship rights and the due process obligations of state authorities in such actions.

Source: Reporting based on Celestine Mukandila's public statement.