Zambia Police Chief issued a memo dated January 11, 2017 and signed by the Inspector General of Police Kakoma Kanganja. stating that officers are not allowed to marry foreigners, see excerpts of memo below-
“Be informed that the Police High Command has with immediate effect directed that no police officer should marry a foreigner.”
Zambians took to social media to criticise the move, after the order was leaked to the public, saying it was unlawful as it violates the officers’ right to choose a spouse.
Police spokeswoman Esther Katongo told the BBC that a standing order had been issued, notifying police officers of the measure, but that the ban itself was not new. Issues of security are delicate. If not careful, spouses can be spies and can sell the security of the country.”
She said officers had previously obeyed the ban but the new order had been thought necessary because some police had begun ignoring it.
“There are a few officers who have started marrying foreigners,” she said. “They are ignoring the previous requirement and this is why another standing order has been passed to remind officers what they are supposed to do and not supposed to do.”
The directive further said officers who are already married to foreigners should declare their spouses within a week, failure to which they will face disciplinary action.
It does appear that even though this is a directive of the Zambian Police, it is an illegal one as a constitutional amendment would have to be done before one can contravene another person’s constitutional right lawfully.
Under the Constitution of Zambia (Amendment) Act, 2016- Section 1 states-
1. (1) This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency
Section 37 also states-
37. “… (2) Notwithstanding clause (1), a person who is, or was married to a citizen, for a period of at least five years, is entitled to apply to the Citizenship Board of Zambia, to be registered as a citizen, as prescribed.”
It is clear that the intent of the act is not to preclude any citizen of Zambia from marrying. Since the (I assume) all the members of Zambia Police are citizens of Zambia, it stands to reason that they are not exempt from marrying foreigners.
The excuse of security measures is a tad disingenuous as the connection to marriage cannot be substantiated. Couples’ gossip would never be enough reason to dictate where a person should marry from. The Zambia Police is not only contravening the rights of their officers/Zambian citizens to Freedom of choice but also their rights to privacy as the ones who married foreigners are expected to ‘declare’ their spouses.
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