Citizenship by Birth in Zambia’s 2016 Constitution: A Doctrinal Exposition of Article 35 and Its Jurisdictional Implications

This article provides a full doctrinal and theoretical analysis of citizenship by birth under Article 35 of the Constitution of Zambia (Amendment) Act No. 2 of 2016. It argues that Zambia has constitutionally abandoned pure jus soli in favour of a structured jus sanguinis regime anchored in parental citizenship and an implied requirement of jurisdictional allegiance. Drawing on Zambian Constitutional Court and High Court jurisprudence, the Citizenship of Zambia Act No. 33 of 2016, and comparative common law authorities from the United Kingdom, the United States, and South Africa, the article develops a theory of citizenship as constitutional belonging rather than territorial accident. It further evaluates Zambia’s framework against international legal obligations, particularly under the Convention on the Rights of the Child and the African Charter on Human and Peoples’ Rights. The article concludes that while Zambia’s model reflects a legitimate assertion of post-colonial sovereignty, it raises unresolved tensions concerning statelessness, inclusion, and constitutional identity.KeywordsCitizenship by birth; Article 35; Zambia; jurisdiction; jus soli; jus sanguinis; constitutional law; statelessness; allegiance.