Zambia Act or statute

Zambia legislation

Passports Act, 2003

administrative decision-makingadministrative issuing powersapplicationsborder controldocument issuancedocument replacemententry and exit compliancefeesgovernment notificationgovernment permissions and directionsidentity documentsidentity/travel administrationlegislation commencementoffencespassport administrationpassport appealspassport cancellationpassport controlpassportspenaltiespublic administrationreporting requirementsstaff appointmenttravel document compliancetravel documentationtravel documents

Jurisdiction: Zambia
Structure: 22 provisions
Citation: Act 22 of 2003
Dates: Undated source snapshot

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Purpose and legislative effect

“This Act may be cited as the Passports Bill, 2003, and it starts on a date appointed by the Minister by statutory instrument.”

This Act may be cited as the Passports Bill, 2003, and it starts on a date appointed by the Minister by statutory instrument. This section defines several terms used in the Act, including Chief Passport Officer, citizen, passport, travel document, and Zambian Mission. The Public Service Commission appoints a Chief Passport Officer and any passport officers needed to administer the Act. The Chief Passport Officer may perform functions personally or through a passport officer acting under the Officer’s directions, and must follow the Minister’s direction when performing functions under the Act. The Chief Passport Officer must issue a passport within 21 days after application if the applicant is a citizen of Zambia and meets any prescribed conditions.

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This Act may be cited as the Passports Bill, 2003 and shall Short title and

This Act may be cited as the Passports Bill, 2003, and it starts on a date appointed by the Minister by statutory instrument.

Section 1

Inclusion of child's particulars in parent's passport

A person may apply to add a child under 10 to a passport, but the other parent’s written consent is usually required unless a listed exception applies or the Chief Passport Officer dispenses with consent.

Section 6

Passport may be issued in place of travel document

A passport of full validity may be issued for a foreign journey where a travel document would normally be issued for a Commonwealth-country journey.

Section 12

Deliveryofpassport

Some people must hand over a passport or travel document to a passport or immigration officer when required, and usually before leaving the aircraft, vessel, or motor vehicle used to enter Zambia.

Section 17

Savings

Existing Chief Passport Officers and passport officers continue in office at commencement, and valid passports or travel documents issued before commencement continue to be treated as issued under the Act.

Section 22

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Showing 22 of 22 provisions

Provision 13Offence 6Short titleInterpretation

§ 1This Act may be cited as the Passports Bill, 2003 and shall Short title andShort title

This Act may be cited as the Passports Bill, 2003, and it starts on a date appointed by the Minister by statutory instrument.

1. This Act may be cited as the Passports Bill, 2003 and shall Short title and come into operation on such date as the Minister may, by statutory cornrr,rurm,nt instnnnent, appoint.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines several terms used in the Act, including Chief Passport Officer, citizen, passport, travel document, and Zambian Mission.

2. fu this Act, unless the context requires- Interpretation " Chief Passport Officer" means the person appointed as Chief Passport Officer under section three; "citizen" means a citizen of Zambia; "passport" means a passport issued in terms of this Act and includes a passport issued by a Government of a foreign country to a citizen of that country; "travel document "means any travel document other than. a passport issued in terms of this Act and includes a travel document issued by a Government of a foreign country to a citizen of that country; and "Zambian Mission" means a High Commission, Embassy or Consular Office of the Zambian Government and includes any other office that the Minister may, by statutory instrument, prescnbe.

Section 2Verify source

§ 3Appointment of Chief Passport Officer and passport officersProvision

The Public Service Commission appoints a Chief Passport Officer and any passport officers needed to administer the Act.

3. · There shall be appointed by the Public Service Commission, as public officers, a Chief Passport Officer and such passport officers as shall be necessary for the proper administration of this Ac_t. Appointment of Chief Passport Officer and passport officers 194 No. 22 of 2003] Passports Functions of Chief Passport Officer Issue of passport

Section 3Verify source

§ 4Functions of Chief Passport OfficerProvision

The Chief Passport Officer may perform functions personally or through a passport officer acting under the Officer’s directions, and must follow the Minister’s direction when performing functions under the Act.

4. (1) The functions of the Chief Passport Officer under this Act may be exercised and performed by the Chief Passport Officer in person or by a passport officer acting in accordance with the Chief Passport Officer's general or special directions. (2) In the performance of functions tmder this Act the Chief Passport Officer shall act in accordance with the direction of the Minister.

Section 4Verify source

§ 5Issue of passportProvision

The Chief Passport Officer must issue a passport within 21 days after application if the applicant is a citizen of Zambia and meets any prescribed conditions.

5. (1) On application being made, the Chief Passport Officer shall, within twenty-one days ofreceipt of an application for a passport, issue a passport to any citizen of?.arnbia who satisfies such conditions as the Minister may, by statutory instrument, prescribe. (2) The application referred to in subsection (1) shall be in the prescribed form and shall be accompanied by the prescribed application fee and such documents as may be prescribed. (3) Every passport issued under subsection (1) shall be in the prescribed form and shall specify the countries for which the passport is valid. ( 4) Subject to section eight every passport issued under subsection (1) shall be valid for a period often years from the date ofissue: Provided that a passport issued in respect of a child who is below the age often years shall be valid for a period of five years from the date ofissue. ( 6) Any passport issued under subsection (J) may, on application being made, be renewed or endorsed by the Chief Passport Officer as the Chief Passport Officer considers necessary. (7) The Chief Passport Officer may- ( a) upon the request of an applicant; or (b) if there is good reason to restrict an applicant to ajourneyto a specific country or countries; endorse the passport of such applicant as valid for a specific country or countries as requested or restricted. (8) Where the Chief Passport Officer restricts the validity of a person's passport to a specific country or countries under subsection (7), the Chief Passport Officer shall record the reasons for such restriction and furnish a report on the matter to the Minister. Inclusion of child's particulars in parent's passport

Section 5Verify source

§ 6Inclusion of child's particulars in parent's passportProvision

6. (J) Subjectto subsections (2) and (3), any person may apply to the Chief Passport Officer , in the prescribed form, for the inclusion of the particulars of that person's child who is under the age often years in that person's passport. (2) Subject to subsections (3) and ( 4), a child's particulars shall not be included in a parent's passport unless the other parent has given their consent in writing, to the child's particulars being included in the applicant parent's passport: Passports [No. 22 of 2003 195 Provided that the parent whose consent is required in terms of this section shall not unreasonably withhold the consent. (3) The consent ofa parent referred to in subsection (2) shall not be necessary- (aJ if the parent in whose passport the child's particulars are to be included, has been appointed as sole guardian of that child by order ofa court; or (b) where a court has, on an action brought by the applicant parent, made an order dispensing with the need to obtain the consent of the other parent. ( 4) Notwithstanding subsection (2), where- (a) the circumstances of a case so determine; or (b) it is proved to the satisfaction of the Chief Passport Officer that- (i) the welfare of a child, whether born within or outside wedlock, has been taken care of solely by the parent who has applied for the particulars of the child to be included in that parent's passport; and (ii) the parent whose consent would under normal circwnstances be required has wilfully failed to provide for the needs of the child; the Chief Passport Officer may dispense with the requirement for · the consent ofthe other parent. (5) Where the ChiefPassport Officer dispenses with the requirement for consent under subsection ( 4) the Chief Passport Officer shall record the reasons for the decision to dispense with the consent. (6) The particulars of a child which are endorsed in that child's parent's passport under this section shall, upon the child attaining the age often, be deleted from such parent's passport.

Section 6Verify source

§ 7Refusal to issue passportOffence

The Chief Passport Officer may refuse to issue, renew, or endorse a passport in listed cases, and must notify the applicant of a refusal and the reasons within 14 days.

7. (!) Where an application is made for the issue, renewal or endorsement of a passport under section.five, the ChiefPassp!)rt Officer may refuse to issue, renew or endorse such passport if the Chief Passport Officer is satisfied that- Refusal to issue passport (a) the application is in respect ofa minor suspected ofbeing taken out of Zambia against an order ofa court or against the wishes of the responsible parent; (b) the applicant has been prohibited by a competent court to hold a Zambian passport; (c) the applicant has been convicted of a criminal offence and the sentence of the court has not been satisfied or set aside; ( d) a warrant for the arrest of the applicant has been issued by a court under any written law; 196 No. 22 of 2003] Passports Cancellation of passport (e) has previously been repatriated or deported to Zambia, and the reasons for the applicant's repatriation or deportation still stand; (f) the departure of the applicant from Zambia would be in breach of any international obligation of the Government, particulars of which have been notified to the Government; or; (g) the applicant is of unsound mind: Provided that where the person of unsound mind requires the passport for travel to secure medical attention or for such other special circumsiances as the Chief Passport Officer may, on the advice of the medical practitioner determine the Chief Passport Officer shall issue a passport. (2) Where the Chief Passport Officer refuses to issue a passport under subsection ( 1) the Chief Passport Officer shall, within fourteen days of making the decision, notify the applicant of the decision stating the reasons for the refusal to issue the passport.

Section 7Verify source

§ 8CancellationofpassportOffence

The Chief Passport Officer may cancel a passport for specified reasons, and must notify the applicant of the cancellation and reasons within 14 days.

8. (1) The Chief Passport Officer may cancel the passport of any person on any ground on which the Chief Passport Officer may refuse to issue a passport to that person if the person were an applicant under section.five and may further cancel the passport ofa person who- ( a) ceases to be a citizen of Zambia; (b) permits another person to use that person's passport; (c) has obtained the passport or secured the inclusion of the name of a child in the passport through fraud or misrepresentation; ( d) has been repatriated or deported to Zambia or has returned to Zambia at Government expense due to that person's misconduct; (e) in another country uses the passport to commit a criminal offence which would constitute a criminal offence if the offence were committed in Zambia and is convicted of that offence in that country; or (f) is deceased. (2) Where the Chief Passport Officer cancels a passport under subsection (1) the Chief Passport Officer shall, within fourteen days of making the decision fo cancel the passport, notify the applicant of the decision stating the reasons for the cancellation of the passport. Passports [No. 22 of 2003 197

Section 8Verify source

§ 9Appeal against refusal to issue or decision to cancel passportProvision

A person aggrieved by a passport refusal or cancellation may appeal to the Minister within 30 days, and then appeal to the High Court within 30 days of the Minister’s decision.

9. (!) Anyperson aggrieved by any refusal ofthe Chief Passport Officer to issue a passport or travel document or by the cancellation of a passport or travel·document may appeal to the Minister not later than thirty days after the notification of such refusal or cancellation. (2) Where an appeal is made under subsection (I), the Minister may give such directions to the Chief Passport Officer as the Minister may consider necessary to enable the Minister to determine the appeal. (3) The Minister, in determining the appeal, may confirm, vary or set aside the decision of the Chief Passport Officer. (4) Any person who is aggrieved by the decision of the Minister may appeal to the High Court within thirty days of receiving notification of the Minister's decision.

Section 9Verify source

§ 10Section 10Offence

Passport officers may seize passports in certain fraud or wrongful-possession cases, and people holding such passports must hand them over on demand.

10. ( 1) The Chief Passport Officer or a passport officer may take and retain possession of any passport in any case where the Chief Passport Officer or the passport officer has reason to believe that the passport is in the wrongful possession of any person or that th� passport or a renewal or endorsement of the passport has been obtained by means of fraud or misrepresentation or by means ofany statement that is false in a material particular. (2) Any person who has in that person's possession, or control, a passport referred to in subsection (1) shall, on demand, forthwith deliver it to the Chief Passport Officer or a passport officer. (3) Any person who fails without reasonable excuse to deliver a passport, on demand, to a Chief Passport Officer or passport officer commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

Section 10Verify source

§ 11(1) A diplomatic passport may be issued toProvision

Diplomatic passports may be issued to Zambian Foreign Service diplomats and their spouses, and the Minister may designate other eligible persons by statutory instrument.

11. (1) A diplomatic passport may be issued to- (a) diplomats of the Zambian Foreign Service, and their spouses; and (b) such other persons as the Minister may, by statutory instrument, determine. (2) The provisions of this Act relating to the issue of passports shall apply with necessary modification to the issue of diplomatic passports under this section. Appeal against refusal to issue or decision to cancel passport Taking possession of passport Diplomatic passport

Section 11Verify source

§ 12Passport may be issued in place of travel documentProvision

A passport of full validity may be issued for a foreign journey where a travel document would normally be issued for a Commonwealth-country journey.

12. Where for any reason it is desirable to issue a passport of full validity for a journey to a foreign country in circumstances in which a travel document would normally be issued if a journey was made to a Commonwealth country, a passport shall be issued. Passport may be issued in place of travel document

Section 12Verify source

§ 13Issue of travel documentProvision

If a passport cannot reasonably be issued, the Chief Passport Officer may issue a prescribed-form travel document on application.

13. (1) Where it is not reasonably practicable to issue a passport, the Chief Passport Officer may, on application being made, issue a Issue of travel document 198 No. 22 of 2003] Passports Issue of travel documents to stateless persons Passport officers to issue passports at Zambian Missions Person not to enter or leave Zambia without passport, etc. Delivery of passport travel document which shall be in such form as may be prescribed. (2) The provisions of this Act relating to passports shall apply with necessary modification to travel documents issued under subsection (!).

Section 13Verify source

§ 14Issue of travel documents to stateless personsProvision

The Chief Passport Officer may issue a travel document to a stateless person for travel to a specified country, but only on the Minister’s direction.

14. (1) The Chief Passport Officer may on the direction of the Minister issue a travel document to a stateless person for travel to a specified country. (2) In this section " stateless person " means a person who is not considered as a national by any State under the operation ofits law.

Section 14Verify source

§ 15Passport officers to issue passports at 7.ambianMissionsProvision

The Minister may authorise passport officers at Zambian missions abroad to exercise the Chief Passport Officer’s powers, and those officers must follow the Minister’s or Chief Passport Officer’s directions.

15. (!) The Minister may, by statutory order, authorise any l?assport officer based at a Zambian mission abroad to exercise in the country in which the mission is situated all or any of the powers and functions of the Chief Passport Officer under this Act, and in every such case the provisions of this Act shall apply with necessary modification. · (2) In the exercise of the powers and functions of the Chief Passport Officer under this section, every passport officer shall act in accordance with the general or special directions of the Minister or the Chief 'Passport Officer.

Section 15Verify source

§ 16Person not to enter or leave 7.ambia without passport, etcProvision

People may not enter or leave Zambia unless they have the required passport or travel document, and travelers must show it to a passport or immigration officer on demand.

16. (I) Subject to subsection (3) a person shall not enteror leave Zambia unless- ( a) the person is in possession of a valid passport or travel document issued-under thisAct; or (b) in the case of a foreign national, the person is in possession of a valid passport or some other travel document issued by oron behalfofthe government of the country of which the person is a citizen or natiomil. (2) Every person entering or leaving Zambia shall, on demand by a passport officer or an immigration o fficer, produce that person's passport or other travel document referred to in subsection (I). (3) Notwithstanding subsection (I), the Minister may, by statutory instrument, exempt, subject to such conditions as the Minister may determine, any person or such class of persons as the Minister may specify from the provisions of subsection (1 ).

Section 16Verify source

§ 17DeliveryofpassportOffence

Some people must hand over a passport or travel document to a passport or immigration officer when required, and usually before leaving the aircraft, vessel, or motor vehicle used to enter Zambia.

17. (I) Any person who is required to produce a passport or travel document under subsection (2) of section sixteen shall ifrequired to do so deliver the passport to a passport officer or an immigration officer before leaving the aircraft, vessel or motor vehicle in which the person enters Zambia or at any time while the person is in Zambia. ·- • • Passports [No. 22 of 2003 199 Replacement oflostor stolen passport (2) Subject to subsection (3), a passport or travel document delivered to a passport officer or an immigration officer under subsection (I) shall be returned to the holder of the passport on the departure of the holder from Zambia. (3)The Chief Passport Officer or a passport officer may withhold, for such time as may be determined by the Minister, a passport or travel document delivered under subsection (1) on any ground specified in section seven if that passport or travel document belongs to a citizen ofZambia. ( 4) Any person who fails without reasonable excuse to deliver to the Chief Passport Officer or a passport officer the person's passport or travel document when required to do so commits an offence. (I) Where a passport is lost or stolen the holder of the passport

Section 17Verify source

§ 18Replacement oflost or stolen passportProvision

If a passport is lost or stolen, the holder must report it promptly, file a report with the Chief Passport Officer (or a Zambian mission if it is lost outside Zambia), and provide the required documents and fee to get a replacement.

18. shall- (a) as soon as practicable after becoming aware of the loss or theftofthe passport report the loss or theft of the passport • to the nearest police station in the district or country i n which the passport was lost or stolen; and (b) file a report on the loss or theft of the passport with the Chief Passport Officer: Provided that where a passport is lost outside Zambia the holder of the passport shall file a report with the passport officer at a Zambian mission. (2) The report referred to in subsection (I) shall be accompanied by- (a) an application, in the prescribed form, for the replacement of the passport; (b) a police report issued in response to the report made under paragraph ( a) of subsection (I); (c) an affidavit stating the circumstances under which the passport was lost or stolen; and ( d) the prescribed fee. (3) The Chief P assport Officer shall if satisfied with the documentation presented in terms of subsection (2) issue the applicant with a new passport: Provided that the Chief Passport Officer may refuse to issue a new passport where not so satisfied. , ( 4) Where the Chief Passport Officer refuses to issue the applicant with a new passport under subsection (3) the Chief Passport Officer shall within seven days of making the decision not to issue a new passport notify the applicant of the refusal stating the reasons for such refusal. 200 No. 22 of 2003] Passports (5) Any person aggrieved by any refusal of the Chief Passport Officer to issue a new passport under this section may appeal to the Minister not later than thirty days after the notification of such refusal or cancellation. (6) Where an appeal is made under subsection (5), the Minister may give such directions to the Chief Passport Officer as the Minister may consider necessary to enable the Minister to determine the appeal. (7) The Minister in determining the appeal may confirm, vary or set aside the decision of the Chief Passport Officer. (8) Any person who is aggrieved by the decision of the Mini_ster· may appeal to the High Court within thirty days ofreceivingnotification of the Minister's decision.

Section 18Verify source

§ 19Offences and penaltiesOffence

Section 19 creates multiple passport-related offences and sets fines and possible imprisonment for conviction.

19. (1) Aperson who- (a) makes any representation or statement which the person (b) recklessly makes any statement which is false in a material knows to be false in a material particular; or particular; Offencesand penalties • for the purpose of obtaining a passport under this Act commits an offence and shall be liable, on conviction, to a firte not exceeding fifty thousand penalty units orto imprisonment for a term not exceeding five years, or to both. (2) A person who having come into possession of a passport or travel document belonging to another person- (a) represents the passport or travel document as belonging to any person other than the person to whom it belongs; (b) fails to hand over the passport as soon as practicable to the person to whom it belongs or to the Chief Passport Officer; commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years, or to both. . (3) A person who forges, alters, defaces, destroys, ormutilates any passport or travel document or causes another person to forge, alter, deface, destroy, or mutilate any passport or travel document commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units orto imprisonment for a term not exceeding five years, or to both. (4) A person, who permits another person to use, for an unlawful purpose, a passport or travel document which belongs to that person or which is under that person's control commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years, or to both. Passports [No. 22 of 2003 201 ( 5) Any person who has in that person's possession a passport or travel document or any part thereof which is forged, altered, defaced, or mutilated or whose particulars are incorrect commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years, or to both. (6) Any person who refuses or fails to return a passport or travel document to the Chief Passport Officer when so requested by the Chief Passport Officer commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (7) Any person found in possession of two or more valid passports or travel documents in that person's name commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years, or to both. (8) Any person who sells passport application forms when not entitled to do so commits an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term of not less than six months but not exceeding one year, or to both. (9) Any person who sells blank passports or travel documents commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. (10} Any person who procures a passport for, or assists a foreigner to acquire a passport under this Act commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding five years, . or to both.

Section 19Verify source

§ 20General penaltyOffence

If a person commits an offence under the Act and no specific penalty is provided, conviction can lead to a fine or imprisonment, with higher limits for a second or later offence.

20. (!) Any person who commits an offence under this Act for General which no penalty is provided shall, on conviction, be liable in the case penalty of a first offence, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a term not exceeding one year and, in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

Section 20Verify source

§ 21RegulationsProvision

The Minister may make regulations for carrying out this Act, including passport forms, application procedures, renewal and endorsement rules, fees, exemptions from fees, and other matters prescribed by the Act.

21. (I) The Minister may make such regulations as the Minister Regulations may consider necessary for the proper carrying out of the provisions of this Act. 202 No. 22 of 2003] Passports (2) ·Without prejudice to the generality of subsection{l ), regulations made under this section shall provide for- (a) the form of passports, travel documents, or other documents to be used for the purposes of this Act; (b) the manner in which applications are to be made for the issue of a Zambian Passport or travel document, or for the renewal thereof, including------ (i) any particulars or information which is to b_\' furnished in the application; (ii) any documents which are to accompany any such application or are to be produced when making any such application; and (iii) any forms which are to be used in any application; (c) the issue, renewal or endorsement of passports or travel documents issued under this Act and the conditions to be satisfied for the issue, renewal or endorsement of such passports, or travel documents; (d) the forms to be used in the application for passports or travel documents under this Act; (e) the fees to be paid for any passport or travel document under thisAct; (/) the exemption of any person or class of persons from payment of the fees referred to in paragraph (e); and (g) anything which is to be or which may be prescribed under this Act.

Section 21Verify source

§ 22SavingsCommencement

22. (I) The person who was serving as Chief Passport Officer shall upon the commencement of this Act continue to hold office as if appointed under section three of this Act. (2) Any person who was serving as passport officer shall upon the commencement of this Act continue to hold office as if appointed under section three of this Act. (3) Every passport, diplomatic passport or travel document which was valid and was issued by the Chief Passport Officer before the commencement of this Act shall on the commencement of this Act have effect as if issued under this Act. " I ,I Savings

Section 22Verify source

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Chief Passport Officer under this Act
Sections 4, 15

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