By 
Senior official of opposition Tonse/Pamodzi alliance, Celestine Mukandila, has admitted that he was born in 1990 in Lubumbashi, Democratic Republic of Congo to a Zambian mother and Congolese father.
Mukandila whose National Registration Card and Passport was cancelled by the Zambian authorities said his mother was Ushi from Matanda Village in Mansa, Luapula Province.
In a detailed statement titled “My Position on My Zambian Citizenship, National Registration and the Rule of Law,” Mukandila, insisted that he acquired citizenship by descent and that any challenge to his nationality should follow the due process.
“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,” he wrote.
He cited Article 36 of the Constitution, which provides that a person born outside Zambia is a citizen by descent if at least one parent was a citizen by birth or descent at the time of birth.
Mukandila who is still in dentention pushed back against what he called an attempt to question his nationality by focusing on how he obtained his NRC as a minor.
“I was approximately 16 years old when I became eligible for national registration. I was a child. I did not independently create my family history, determine my nationality, or manufacture the circumstances of my birth,” he stated.
He argued that if the State alleged fraud in the acquisition of his NRC, it should specify the representation, who made it, and the legal basis for holding a minor liable when his nationality derived from his Zambian parent.
Mukandila also questioned the timing and process of the cancellation, stating that he had previously served as a Civil Servant and underwent vetting, and that National Registration authorities had issued him documents before.
“If there was genuinely a fundamental defect in my nationality or national registration, why was this not raised during the various occasions when the Zambian State had the opportunity and responsibility to verify my status? And why is this question arising now?” he asked.
He expressed particular concern over the reported involvement of a Permanent Secretary in issuing a Gazette notice affecting his documents, saying “A Gazette notice cannot itself become a substitute for the law.”
Mukandila drew a distinction between citizenship and documentation: “A National Registration Card is evidence of identity and registration; it is not what created my citizenship by descent.”
He made eight demands of authorities, including the constitutional provision relied on, specifics of alleged fraud, who is alleged to have committed it, evidence, which authority made the decision, and what notice was given.
“This is bigger than one individual. The rule of law requires that government authorities exercise power according to law and not according to political convenience. Citizenship cannot become a political weapon against citizens because they hold views that are unpopular with those in power,” he said.
Mukandila said he has expressed political views different from government and believed criticism was legitimate in a democracy, adding that he was prepared to have questions on his nationality determined in court.
“I remain confident that the Constitution and the courts of Zambia will ultimately protect the principle that no public authority is above the law and no citizen should be deprived of rights without lawful authority and due process,” he concluded.
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