I am Zambian -Mukandila

By BARNABAS ZULU INCARCERATED Lusaka lawyer Celestine Mukandila says he is a Zambian citizen by descent and has challenged the cancellation of his National Registration Card (NRC) and passport, arguing that his citizenship cannot be revoked through administrative action without following the law.Mr Mukandila says he acquired Zambian citizenship at birth through his mother, who was a Zambian citizen at the time of his birth in 1990 in Lubumbashi, the Democratic Republic of Congo (DRC).He explained that his mother was Ushi by origin from Matanda Village in Mansa, Luapula Province, and that his maternal family had deep roots in the province.Mr Mukandila said his birth outside Zambia did not make him a foreigner because Article 36 of the Constitution provides for citizenship by descent where, at the time of birth, at least one parent was a Zambian citizen by birth or descent.“My position is therefore straightforward: I acquired Zambian citizenship by descent at birth through my Zambian mother. I did not apply to become Zambian as an adult, nor did I obtain my citizenship through naturalisation,” Mr Mukandila said.He said he was approximately 16 years old when he became eligible for national registration and therefore could not be personally held responsible for any alleged irregularities surrounding the acquisition of his NRC.“If the State alleges that fraud was committed in the acquisition of my NRC, then it must identify the alleged fraudulent representation, identify who made it and establish who had the legal responsibility for making the relevant declarations at the time,” Mr Mukandila said.He said his family returned to Zambia in 1999, although his mother continued spending periods in the DRC because of her employment.Mr Mukandila also questioned why his nationality was only being challenged now when he had previously served as a civil servant and had undergone State verification processes.“The National Registration authorities themselves have previously recognised me and issued me with national documentation,” he said.He has also demanded that authorities explain the legal basis for cancelling his NRC and passport, including identifying the alleged fraud, the authority that made the decision and the procedure followed before the cancellation.Mr Mukandila said a Gazette notice could not substitute the law, arguing that public officers must exercise statutory powers within the limits prescribed by law.He said the matter was bigger than him because citizenship should not be used as a political

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