Passports Act, 2016
This section says the Act may be cited as the Passports Act, 2016.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 28 of 2016
- Version
- 7 Jun 2016
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This section says the Act may be cited as the Passports Act, 2016. This section defines terms used in the Act, including officers, documents, and related institutions. These officers are responsible for administering the Act; the Chief Passports and Citizenship Officer can issue travel documents and may delegate functions. No action or proceeding may be brought against the Chief Passports and Citizenship Officer, a passport officer, or other staff for acts or omissions done in good faith while carrying out functions under the Act. A citizen is entitled to be issued a passport or travel document for international travel, and may lawfully hold a passport and a diplomatic passport.
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Provisions of Passports Act, 2016
Showing 26 of 26
Part
PART I
- 1 Verify source ↗
Short title and commencement
This section says the Act may be cited as the Passports Act, 2016.
1. This Act may be cited as the Passports Act, 2016. - 2 Verify source ↗
Interpretation
This section defines terms used in the Act, including officers, documents, and related institutions.
2. In this Act, unless the context otherwise requires— “ Chief Passports and Citizenship Officer ” means the person appointed as Chief Passports and Citizenship Officer under section three; Short title Interpretation “ child ” has the meaning assigned to it in the Constitution; “ citizen ” has the meaning assigned to it in the Constitution; “ diplomat ” means a person appointed by a State to represent Cap. 1 Cap. 1 the State in an official capacity in a foreign State; “ diplomatic passport ” means a passport issued to a person to enable the person to travel internationally on official State business; “ function ” includes powers and duties; 610 No. 28 of 2016] Passport “ Interpol ” means the International Criminal Police Organisation established in 1923 and whose headquarters are in Lyon, France; “ Interpol travel document ” means the travel document issued by Interpol to law enforcement officers travelling and performing duties on behalf of Interpol; “ law enforcement officer ” means— (a) a police officer of or above the rank of inspector; (b) an officer of the Anti-Corruption Commission; (c) an officer of the Drug Enforcement Commission; (d) an officer of the Zambia Security Intelligence Service; (e) an officer performing duties on behalf of Interpol; and (f) any other person appointed as such by the Minister for the purposes of this Act; “ passport ” means an official document issued by a government, certifying the holder’s identity and citizenship and entitling the holder to travel under its protection to and from a foreign country; “ passport officer ” means a person appointed as a passport officer under the Citizenship of Zambia Act, 2016; “ Republic ” has the meaning assigned to it in the Constitution; “ Stateless person ” means a person who is not considered as a national by any State under the operation of its law; “ travel document ” means a temporary official document, other than a passport, issued by a government or international organisation to facilitate the movement of a person across an international boundary; and “ Zambian Mission ” means a high commission, embassy or consular office of the the Republic, and includes such other offices as the President may declare pursuant to the Constitution. Act No. 33 of 2016 Cap. 1 Cap. 1 Passport [No. 28 of 2016 611 PART II ADMINISTRATION
Part
PART II
- 3 Verify source ↗
Chief Passports and Citizenship Officer, passport officers
These officers are responsible for administering the Act; the Chief Passports and Citizenship Officer can issue travel documents and may delegate functions.
3. (1) The Chief Passports and Citizenship Officer, Deputy Chief Passports and Citizenship Officer, passport officers and other staff appointed under the Citizenship of Zambia Act, 2016, shall be responsible for the administration of this Act. (2) The functions of the Chief Passports and Citizenship Officer are to— (a) issue passports, diplomatic passports and other travel documents; and (b) perform such other functions as may be necessary or required for purposes of this Act. (3) The Chief Passports and Citizenship Officer may, subject to the other provisions of this Act, on such terms and conditions as the Chief Passports and Citizenship Officer may determine, delegate any function of the Chief Passports and Citizenship Officer to the Deputy Chief Passports and Citizenship Officer or a passport officer. - 4 Verify source ↗
Immunity
No action or proceeding may be brought against the Chief Passports and Citizenship Officer, a passport officer, or other staff for acts or omissions done in good faith while carrying out functions under the Act.
4. An action or other proceeding shall not lie or be instituted against the Chief Passports and Citizenship Officer, a passport officer or other staff for, or in respect of, an act or thing done or omitted to be done in good faith in the exercise or performance of any of the functions conferred under this Act. PART III PASSPORT, DIPLOMATIC PASSPORTS AND TRAVEL DOCUMENTS
Part
PART III
- 5 Verify source ↗
Persons entitled to passports, diplomatic passport and travel
A citizen is entitled to be issued a passport or travel document for international travel, and may lawfully hold a passport and a diplomatic passport.
5. (1) A citizen is, subject to the Constitution and this Act, entitled to be issued with a passport or travel document to facilitate international travel. (2) A citizen may lawfully hold a passport and a diplomatic passport. (3) A passport, diplomatic passport or travel document issued under this Act is the property of the Government. (4) Despite subsection (3), a passport, diplomatic passport or travel document issued under this Act shall remain under the control of its holder until lawfully withdrawn, cancelled or confiscated. (1) The Chief Passports and Citizenship Officer may - 6 Verify source ↗
Types of passports and travel documents
This section says passports, diplomatic passports, and travel documents may be issued, and identifies who may receive each type.
6. issue— (a) a passport; (b) a diplomatic passport; and Chief Passports and Citizenship Officer, passport officers and other staff Act No. 33 of 2016 Immunity Persons entitled to passports, diplomatic passports and travel documents Cap. 1 Types of passports and travel documents 612 No. 28 of 2016] Passport (c) a travel document. (2) a diplomatic passport may be issued to— (a) a Zambian diplomat accredited to a foreign country and the diplomat’s spouse; and such other persons as the Minister may prescribe. (b) (3) a travel document may be issued to— (a) a citizen who, due to prescribed circumstances, cannot travel on an ordinary passport; (b) an undocumented non-citizen who is stranded within Zambia or required to leave Zambia; or (c) a Stateless person for the purpose of exiting Zambia. (4) A travel document shall be issued to a Stateless person for travel to a specified country on the direction of the Minister. (5) Where for any reason it is desirable to issue a passport for travel to a foreign country in circumstances in which a travel document would normally be issued, a passport shall be issued. Application for passport or travel document - 7 Verify source ↗
Application for passport or travel document
Citizens must apply for a passport or travel document from the Chief Passports and Citizenship Officer in the prescribed way and pay the prescribed fee.
7. (1) Subject to the other provisions of this Act, a citizen shall, for the purposes of facilitating international travel, apply for a passport or travel document to the Chief Passports and Citizenship Officer in the prescribed manner and form upon payment of the prescribed fee. (2) The Minister may, by statutory instrument, prescribe the manner of applying for, and the grant, renewal and cancellation of, diplomatic passports. Issuance and validity of passport and travel document - 8 Verify source ↗
Issuance and validity of passport and travel document
The Chief Passports and Citizenship Officer must issue a passport or travel document within 14 days after an application is received if the applicant meets the Act’s requirements.
8. (1) The Chief Passports and Citizenship Officer shall, within fourteen days of the receipt of an application for a passport or travel document, issue the applicant with a passport or travel document if the applicant meets the requirements of this Act. (2) A passport shall be in the prescribed form and— (a) shall specify the countries for which the passport is valid; and (b) is valid for a period of ten years from the date of issue. (3) A passport issued in respect of a child whois below the age of sixteen years is valid for a period of five years from the date of issue. Passport [No. 28 of 2016 613 (4) The Chief Passports and Citizenship Officer may endorse a passport as valid for a specific country or countries or restrict the validity to a specific country or countries— (a) on request by an applicant; or (b) if it is necessary to restrict an applicant to travel to a specific country or countries. (5) The Chief Passports and Citizenship Officer shall record the reasons for the restriction under subsection (3) and furnish a report on the matter to the Minister. (6) A travel document shall— (a) specify the country for which it is valid; and (b) be valid for such period as shall be specified in the travel document. - 9 Verify source ↗
Refusal to issue passport, diplomatic passport or travel
The Chief Passports and Citizenship Officer may refuse to issue a passport, diplomatic passport, or travel document in listed cases, and must tell the applicant the reasons within 14 days if refusal is made.
9. (1) The Chief Passports and Citizenship Officer may refuse to issue a passport, diplomatic passport or travel document if— (a) in the case of an application for a passport, the applicant is not a citizen; (b) the application is incomplete; (c) the applicant does not meet the prescribed conditions for the issue of the passport, diplomatic passport or travel document; (d) the applicant gives false information or makes a false statement for the purpose of obtaining a passport, diplomatic passport or travel document; (e) the application is in respect of a child suspected of being taken out of Zambia against an order of a court or against the wishes of the parent or person responsible for the child; (f) the applicant is prohibited by a court to hold a Zambian passport; (g) the applicant is convicted of an offence and the sentence of the court has not been satisfied or set aside; (h) a warrant for the arrest of the applicant is or has been issued by a court under any written law; (i) the applicant has previously been repatriated or deported to Zambia and the reason for the repatriation or deportation is still in force; or Refusal to issue passport, diplomatic passport or travel document 614 No. 28 of 2016] Passport (j) the departure of the applicant from Zambia would be in breach of an international obligation of the Government, particulars of which are or have been notified to the Government. (2) The Chief Passports and Citizenship Officer shall, where the Chief Passports and Citizenship Officer refuses to issue a passport, diplomatic passport or travel document under subsection (1), inform the applicant accordingly and give the applicant the reasons for the refusal within fourteen days of making the decision. Renewal of passport - 10 Verify source ↗
Renewal of passport
A passport or travel document holder may apply for renewal at least 30 days before expiry, in the prescribed form, and after paying the prescribed fee. The Chief Passports and Citizenship Officer must renew it if the holder still meets the eligibility requirement.
10. (1) A holder of a passport or travel document may, at least thirty days before the expiry of the passport or travel document, apply for the renewal of the passport or travel document in the prescribed manner and form, upon payment of the prescribed fee. Confiscation of passport, diplomatic passport or travel document (2) The Chief Passports and Citizenship Officer shall renew the passport or travel document if the holder continues to fulfil the eligibility requirement under this Act. - 11 Verify source ↗
Confiscation of passport, diplomatic passport or travel
Certain officers may confiscate a passport, diplomatic passport, or travel document in listed situations, and the Chief Passports and Citizenship Officer must tell the holder why within 7 days.
11. (1) The Chief Passports and Citizenship Officer or a law enforcement officer may confiscate a passport, diplomatic passport or travel document if— (a) the holder permits another person to use, or travel using, the passport, diplomatic passport or travel document; (b) the passport, diplomatic passport or travel document is in the wrongful possession of another person; (c) the passport, diplomatic passport or travel document was obtained by means of fraud or misrepresentation; (d) the holder is deported or repatriated to Zambia at the expense of the Government; (e) a warrant of arrest has been issued against the holder and there is a risk of the holder absconding; (f) there is a court order restricting the holder’s movements or authorising the confiscation of the passport, diplomatic passport or travel document; or (g) it is necessary to examine the passport, diplomatic passport or travel document for a period not exceeding fourteen days. Passport [No. 28 of 2016 615 (2) The Chief Passports and Citizenship Officer shall, within seven days of confiscating a passport, diplomatic passport or travel document in accordance with subsection (1), inform the holder, in writing, and state the reasons for confiscating the passport, diplomatic passport or travel document. (3) A diplomatic passport shall be withdrawn if the purpose for which the diplomatic passport was issued ceases to exist. - 12 Verify source ↗
Cancellation of passport or travel document
The Chief Passports and Citizenship Officer may cancel a passport or travel document on specified grounds, must tell the holder why within 14 days, and the person whose document was cancelled must surrender it within 21 days.
12. (1) The Chief Passports and Citizenship Officer may cancel a passport or travel document on any ground on which the Chief Passports and Citizenship Officer may confiscate a passport or travel document under section eleven and on the grounds that the holder— (a) has ceased to be a citizen; (b) obtained the passport or travel document through fraud or misrepresentation; (c) has been repatriated or deported to Zambia at the expense of the Government due to that person’s misconduct; (d) is involved in passport, diplomatic passport or travel document fraud or forgery; (e) uses the passport or travel document to commit an offence in another country which would constitute an offence in Zambia and is convicted of that offence in that country; (f) is convicted of drug trafficking, money laundering, smuggling, trafficking in persons, acts of terrorism or any other international crime; or (g) is deceased. (2) The Chief Passports and Citizenship Officer shall, where the Chief Passports and Citizenship Officer cancels a passport or travel document, inform the holder accordingly and give the passport holder the reasons for the cancellation within fourteen days of the cancellation. (3) A person whose passport or travel document is cancelled shall, within twenty one days of the cancellation, surrender the passport or travel document to the Chief Passports and Citizenship Officer, the nearest immigration office, police station or passport office. - 13 Verify source ↗
Surrender of passport, diplomatic passport or travel document
If a passport, diplomatic passport, or travel document is expired or no longer needed, the person must surrender it to the Chief Passports and Citizenship Officer for cancellation.
13. (1) A person whose passport, diplomatic passport or travel document is expired or who no longer requires the use of the passport, diplomatic passport or travel document shall surrender it to the Chief Passports and Citizenship Officer for cancellation. Cancellation of passport or travel document Surrender of passport, diplomatic passport or travel document 616 No. 28 of 2016] Passport (2) The Chief Passports and Citizenship Officershall, upon receipt of a passport, diplomatic passport or travel document surrendered pursuant to subsection (1), cancel the passport, diplomatic passport or travel document. Issuance of passport at Zambian Mission - 14 Verify source ↗
15. Prohibition of entering or leaving Zambia without passport or
The Minister may authorise a passport officer at a Zambian Mission to carry out some or all of the Chief Passports and Citizenship Officer’s functions, and that officer must follow the Minister’s or Chief Officer’s directions when doing so.
14. (1) The Minister may, by statutory order, authorise a passport officer based at a Zambian Mission to perform all or any of the functions of the Chief Passports and Citizenship Officer under this Act. Prohibition of entering or leaving Zambia without passport or travel document Delivery of passport, diplomatic passport or travel document (2) A passport officer shall, in performing the functions under subsection (1), act in accordance with the directions of the Minister or the Chief Passports and Citizenship Officer, which are consistent with the provisions of this Act. - 15 Verify source ↗
Prohibition of entering or leaving Zambia without passport or
A person must not enter or leave Zambia without the required passport or travel document, unless the Minister exempts them.
15. (1) Subject to subsection (2), a person shall not enter or leave Zambia without— (a) a valid passport, diplomatic passport or travel document issued under this Act; (b) in the case of a foreign national, a valid passport or travel document issued by or on behalf of the government of the country of which the person is a citizen or national; or (c) a valid Interpol travel document, in the case of a law enforcement officer travelling on behalf of, or performing duties for, Interpol. (2) The Minister may, on such terms and conditions as the Minister considers just, exempt a person or class of persons from the provisions of subsection (1). - 16 Verify source ↗
Delivery of passport, diplomatic passport or travel document
People entering or leaving Zambia must produce their passport or travel document when asked, and may have to hand it over before leaving the vehicle or while in Zambia.
16. (1) A person entering or leaving Zambia shall, on demand by a passport officer or an immigration officer, produce that person’s passport or travel document. (2) A person required to produce a passport, diplomatic passport or travel document by a passport officer or immigration officer shall, if required to do so, deliver the passport, diplomatic passport or travel document 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. (3) Subject to subsection (4), a passport, diplomatic passport or travel document delivered to a passport officer or immigration officer under subsection (1) shall be returned to the holder on departure from Zambia. Passport [No. 28 of 2016 617 Replacement of lost or stolen passport, diplomatic passport or travel document (4) The Chief Passports and Citizenship Officer or a passport officer may withhold, for such time as the Minister determines, a passport, diplomatic passport or travel document delivered under subsection (2) on a ground specified in section nine. (5) A person who fails, without reasonable excuse, to deliver to the Chief Passports and Citizenship Officer or a passport officer a passport, diplomatic passport or travel document when required to do so commits an offence and is liable, upon conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding six months, or to both. - 17 Verify source ↗
Replacement of lost or stolen passport, diplomatic passport
If a passport, diplomatic passport, or travel document is lost or stolen, the holder must report it to the police and the Chief Passports and Citizenship Officer, and may need to file through a Zambian mission if outside Zambia.
17. (1) The holder of a passport, diplomatic passport or travel document shall, where the passport, diplomatic passport or travel document is lost or stolen— (a) as soon as practicable after becoming aware of the loss or theft, report the loss or theft to the nearest police station in the district or country in which the passport, diplomatic passport or travel document is lost or stolen; and (b) file a report on the loss or theft with the Chief Passports and Citizenship Officer. (2) Where a passport, diplomatic passport or travel document is lost or stolen outside Zambia, the holder shall file a report with the passport office at a Zambian mission, where present, in that foreign country. (3) The report referred to in subsection (1) shall be accompanied by— (a) an application for the replacement of the passport, diplomatic passport or travel document; (b) a police report; and (c) an affidavit stating the circumstances under which the passport, diplomatic passport or travel document was lost or stolen. (4) The Chief Passports and Citizenship Officer shall, on receipt of the application referred to in subsection (3), grant the application in accordance with section eight if the holder meets the conditions for the issuance of a passport, diplomatic passport or travel document. 618 No. 28 of 2016] Passport Appeal Use of cancelled passport, diplomatic passport or travel document Sale of passport, diplomatic passport or travel document (5) Where the Chief Passports and Citizenship Officer refuses to issue an applicant with a new passport, diplomatic passport or travel document under this section, the Chief Passports and Citizenship Officer shall, within seven days of making the decision, notify the applicant and state the reasons for the refusal. - 18 Verify source ↗
Appeal
A person aggrieved by a decision of the Chief Passports and Citizenship Officer may appeal to the Minister within 30 days, and a person aggrieved by the Minister’s decision may appeal to the High Court within 30 days.
18. (1) A person aggrieved with the decision of the Chief Passports and Citizenship Officer under this Act may appeal to the Minister within thirty days of the service of the decision on that person. (2) Where an appeal is made in accordance with subsection (1), the Minister may give directions to the Chief Passports and Citizenship Officer that the Minister considers necessary to enable the Minister to determine the appeal. (3) The Minister may, in determining the appeal, confirm, vary or set aside the decision of the Chief Passports and Citizenship Officer. (4) A person who is aggrieved with the decision of the Minister may appeal to the High Court within thirty days of the service of the decision on that person. PART IV GENERAL PROVISIONS
Part
PART IV
- 19 Verify source ↗
Use of cancelled passport, diplomatic passport or travel
A person must not use a cancelled passport, diplomatic passport, or travel document for identification or international travel.
19. (1) A person shall not use a cancelled passport, diplomatic passport or travel document in connection with identification or international travel. (2) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. - 20 Verify source ↗
Sale of passport, diplomatic passport or travel document
A person must not sell a passport, diplomatic passport, travel document, or a blank version of those documents.
20. (1) A person shall not sell— (a) a passport, diplomatic passport or travel document issued under this Act; or (b) a blank passport, diplomatic passport or travel document. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding six hundred thousand penalty units or to imprisonment for a term not exceeding six years, or to both. Passport [No. 28 of 2016 619 Failure or refusal to submit or surrender passport, diplomatic passport or travel document Holding of more that one passport, diplomatic passport or travel document General offences - 21 Verify source ↗
Failure or refusal to submit or surrender passport, diplomatic
A person must not, without reasonable excuse, refuse or fail to submit or surrender a passport, diplomatic passport, or travel document when required by the Chief Passports and Citizenship Officer.
21. (1) A person shall not, without reasonable excuse, refuse or fail to submit or surrender a passport, diplomatic passport or travel document when required to do so by the Chief Passports and Citizenship Officer. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding six months, or to both. - 22 Verify source ↗
Holding of more than one passport, diplomatic passport or
A person must not hold more than one passport, diplomatic passport, or travel document issued under the Act in their name, subject to section five.
22. (1) Subject to section five, a person shall not hold more than one passport, diplomatic passport or travel documents issued under this Act in that person’s name. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. - 23 Verify source ↗
General offences
Section 23 makes it an offence for a person to make false statements to get passport documents, forge or damage them, misuse someone else’s passport, possess altered or false documents, or help a foreigner unlawfully obtain a passport.
23. (1) A person shall not— (a) knowingly make or cause to be made, a representation or statement which the person knows to be false in a material particular for the purpose of obtaining a passport, diplomatic passport or travel document under this Act; (b) forge, alter, deface, destroy or mutilate a passport, diplomatic passport or travel document or cause another person to forge, alter, deface or mutilate a passport or travel document; (c) permit another person to use, for an unlawful purpose, a passport, diplomatic passport or travel document which belongs to that person or which is under that person’s control; (d) have in that person’s possession a passport, diplomatic passport or travel document or a part of a passport, diplomatic passport or travel document which is forged, altered, defaced, mutilated or whose particulars are incorrect; or (e) unlawfully procure a passport for, or assist, a foreigner to acquire a passport under this Act. (2) A person shall not, having come into possession of a passport, diplomatic passport or travel document belonging to another person— 620 No. 28 of 2016] Passport (a) present the passport, diplomatic passport or travel document as belonging to a person other than the person to whom it belongs; or (b) fail to hand over the passport as soon as practicable to the person to whom it belongs or to the Chief Passports and Citizenship Officer, a passport officer, immigration officer or a police officer. (3) A person shall not use another person’s passport, diplomatic passport or travel document in connection with that person’s international travel or identification. (4) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. Regulations - 24 Verify source ↗
Regulations
The Minister may make regulations by statutory instrument about how the Act works, including document forms, passport-related conditions, fees, exemptions, and other prescribed matters.
24. (1) The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Minister may make regulations for— (a) the manner and form of documents to be used for the purposes of this Act; (b) the conditions to be satisfied for the issue, renewal or endorsement of a passport, diplomatic passport or travel document; (c) the fees to be paid for a passport or travel document under this Act; (d) the exemption of any person or class of persons from payment of the fees referred to in paragraph (c); and (e) anything which is to be or which may be prescribed under this Act. - 25 Verify source ↗
Repeal of Act No. 22 of 2003
This section repeals the Passports Act, 2003.
25. The Passports Act, 2003, is repealed. - 26 Verify source ↗
Savings and transitional provisions
On commencement, the current Chief Passport Officer and passport officers continue in office, and valid passports or travel documents issued before commencement keep working as if issued under this Act.
26. (1) The person serving as Chief Passport Officer shall, on the commencement of this Act, continue to hold office as Chief Passports and Citizenship Officer as if appointed under this Act. (2) A person serving as passport officer shall, on the commencement of this Act, continue to hold office as if appointed under this Act. Repeal of Act No. 22 of 2003 Savings and transitional provisions Passport [No. 28 of 2016 621 (3) An ordinary 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 continue to have effect as if issued under this Act. (4) In this section, “ Chief Passport Officer ”means the person appointed Chief Passport Officer under the repealed Act. Act No. 22 of 2003 622
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