Mukandila challenges citizenship cancellation
By Thandizo Banda
DETAINED lawyer Celestine Mukandila has challenged the cancellation of his National Registration Card (NRC) and passport, saying he is a Zambian citizen by descent and that the State must follow due process.
In a statement seen by The Mast yesterday, Mukandila said he was born in 1990 in Lubumbashi, Democratic Republic of Congo (DRC), to a Zambian mother from Matanda Village in Mansa District and a Congolese father.
He argued that Article 36 of the Constitution provides that a person born outside Zambia is a citizen by descent if at least one of their parents was a Zambian citizen at the time of birth.
“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,” Mukandila said.
He said he was 16 when he obtained his NRC, and questioned why he should now be accused of fraud as a minor.
“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, establish who had the legal responsibility for making the relevant declarations at the time,” he said.
Mukandila said he previously served as a civil servant and was subjected to vetting processes where his nationality was not an obstacle.
He said the national registration authorities previously recognised him and issued him with national documentation.
Mukandila said it was troubling and concerning regarding the manner in which the decision was made, citing the apparent involvement of a Permanent Secretary in issuing or causing the issuance of a Gazette notice affecting his documents.
“A Gazette notice cannot itself become a substitute for the law. Public officers exercise statutory powers; they do not exercise personal powers,” Mukandila said.
He listed eight questions he wanted government to respond to, including what constitutional or statutory provision was relied upon to challenge his citizenship, the specific fraud alleged, and who made the decision affecting his NRC and passport.
Mukandila explained that the issue was bigger than one individual, warning against using citizenship as a political weapon.
“I have participated in public affairs and expressed political views that are different from those of the government. I believe that disagreement, criticism and political opposition are legitimate components of a constitutional democracy,” he said.
He said that he was ready to have his nationality determined through proper legal and judicial processes and not by politics.
“What I cannot accept is a situation in which my nationality is effectively determined administratively, without transparent due process. I demand only what every citizen is entitled to demand: Let the law be followed. Let the evidence be produced. Let due process be respected. And let the rule of law prevail over political expediency,” he said.
