Govt Defends Cancellation Of Passports, Cites Passport Act

Government has defended the cancellation of passports belonging to named individuals, saying the decisions were made pursuant to provisions of the Passport Act, Chapter 129 of the Laws of Zambia.

Government said it takes note of concerns raised by the Joint Civil Society Organisations, CSOs, regarding the cancellation of the passports.

It acknowledged that the Constitution protects freedom of movement, including the right of citizens to enter and leave Zambia.

However, Government said constitutional rights are subject to limitations authorised by law and that administrative measures affecting such rights must have a lawful basis and remain open to review through established legal procedures.

Government further said the Constitution does not prevent duly authorised institutions from taking lawful and necessary measures in the interests of national security and public safety, among other considerations.

It cited Section 12 of the Passport Act, which Government said permits the Chief Passports and Citizenship Officer to cancel a passport under warranting circumstances.

Government also highlighted Section 18 of the Act, which provides a right to be heard where a person is aggrieved by a decision of the Chief Passports and Citizenship Officer.

According to Government, an aggrieved person may appeal the decision to the Minister of Home Affairs and Internal Security.

It said once an appeal is lodged, the affected person is given an opportunity to be heard, after which the Minister may, depending on the merits of the case, confirm, vary or set aside the decision of the Chief Passports and Citizenship Officer.

Government further pointed to Section 18(4) of the Passport Act, which provides an additional right of appeal to the High Court against a decision of the Minister.

It said this provides another layer of legal review for any person who remains aggrieved by the decision.

Government has therefore rejected assertions by the Joint CSOs that the passports were cancelled without following the law.

It maintained that the decisions were made pursuant to Section 12 of the Passport Act and that the affected individuals have legal avenues through which they can challenge the decisions.