Passport Act No. 28 of 2016 pmd.pmd
THE PASSPORT ACT, 2016

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

Section
1. Short title and commencement
2. Interpretation

PART II
ADMINISTRATION

3. Chief Passports and Citizenship Officer, passport officers
and other staff

4. Immunity
PART III

PASSPORT, DIPLOMATIC PASSPORTS AND TRAVEL DOCUMENTS
5. Persons entitled to passports, diplomatic passport and travel

document
6. Types of passports and travel documents
7. Application for passport or travel document
8. Issuance and validity of passport and travel document
9. Refusal to issue passport, diplomatic passport or travel

document
10. Renewal of passport
11. Confiscation of passport, diplomatic passport or travel

document
12. Cancellation of passport or travel document
13. Surrender of passport, diplomatic passport or travel document
14. Issuance of passport at Zambian Mission
15. Prohibition of entering or leaving Zambia without passport or

travel document
16. Delivery of passport, diplomatic passport or travel document
17. Replacement of lost or stolen passport, diplomatic passport

or travel document
18. Appeal

PART IV
GENERAL PROVISIONS

19. Use of cancelled passport, diplomatic passport or travel
document

20. Sale of passport, diplomatic passport or travel document

Passport [No. 28 of 2016 607

Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K32.00 each

608 No. 28 of 2016] Passport

21. Failure or refusal to submit or surrender passport, diplomatic
passport or travel document

22. Holding of more than one passport, diplomatic passport or
travel document

23. General offences
24. Regulations
25. Repeal of Act No. 22 of 2003
26. Savings and transitional provisions

Short title

Interpretation

An Act to provide for the vesting of powers and duties for
the issuance of, and control over, passports and travel
documents; provide for the issuance of passports and
travel documents; provide for the recognition of Interpol
travel documents; repeal and replace the Passports Act,
2003; and provide for matters connected with, or incidental
to, the foregoing.

[7th June, 2016

ENACTED by the Parliament of Zambia.

PART I
PRELIMINARY PROVISIONS

1. This Act may be cited as the Passports Act, 2016.

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;

“ 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

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;

Enactment

Cap. 1

Cap. 1

Passport [No. 28 of 2016 609

GOVERNMENT OF ZAMBIA

ACT
No. 28 of 2016

Date of Assent: 6th June, 2016

Act No. 33
of 2016

Cap. 1

“ 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.Cap. 1

610 No. 28 of 2016] Passport

Types of
passports
and travel
documents

PART II
ADMINISTRATION

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. 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

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.

6. (1) The Chief Passports and Citizenship Officer may
issue—

(a) a passport;
(b) a diplomatic passport; and

Immunity

Persons
entitled to
passports,
diplomatic
passports
and travel
documents
Cap. 1

Chief
Passports
and
Citizenship
Officer,
passport
officers and
other staff
Act No. 33
of 2016

Passport [No. 28 of 2016 611

(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
(b) such other persons as the Minister may prescribe.

(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.

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.

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.

Application
for passport
or travel
document

Issuance and
validity of
passport and
travel
document

612 No. 28 of 2016] Passport

Refusal to
issue
passport,
diplomatic
passport or
travel
document

(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. (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

Passport [No. 28 of 2016 613

(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.

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.

(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. (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.

Renewal of
passport

Confiscation
of passport,
diplomatic
passport or
travel
document

614 No. 28 of 2016] Passport

(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. (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. (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

Passport [No. 28 of 2016 615

(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.

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.

(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. (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. (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.

Issuance of
passport at
Zambian
Mission

Prohibition
of entering
or leaving
Zambia
without
passport or
travel
document

Delivery of
passport,
diplomatic
passport or
travel
document

616 No. 28 of 2016] Passport

(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. (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.

Replacement
of lost or
stolen
passport,
diplomatic
passport or
travel
document

Passport [No. 28 of 2016 617

(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. (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

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. (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.

Use of
cancelled
passport,
diplomatic
passport or
travel
document

Appeal

Sale of
passport,
diplomatic
passport or
travel
document

618 No. 28 of 2016] Passport

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. (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. (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—

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

Passport [No. 28 of 2016 619

(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.

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. The Passports Act, 2003, is repealed.

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.

Regulations

Repeal of
Act No. 22
of 2003

Savings and
transitional
provisions

620 No. 28 of 2016] Passport

Act No. 22
of 2003

(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.

Passport [No. 28 of 2016 621

622