By Dr. Abigale Mupambi | Global Affairs Analyst
President Hakainde Hichilema is facing yet another test that is attracting both domestic and international scrutiny, following the cancellation of the passports of 6 Zambian citizens. The move has rendered them vulnerable and effectively “de facto” stateless, with recourse available only under narrow provisions of international law.
- The Facts
On 11 September 2026, Gazette Notice No. 1421 cancelled the passports of 6 Zambians abroad:
Emmanuel Mwamba, Dr. Sishuwa Sishuwa, Binwell Mpundu, Emmanuel Jay Banda, Kaizer Zulu, and Lillian Mutambo.
Reason cited: “security reasons in the interest of national security.”
Under the Passports Act No. 28 of 2016, the state may cancel a passport. It must provide reasons within 14 days, and the holder may appeal first to the Minister and then to the High Court. Using a cancelled passport is an offence.
- The Crossroads
Domestic Law: The state acted within its legal powers. The problem is the lack of specific reasons, which makes a fair appeal difficult.
International Law: Zambia is bound by ICCPR Article 12 on freedom of movement. Restrictions are permitted for national security, but they must be lawful, necessary, and proportionate. Vague grounds are difficult to justify.
Human Rights: Rights groups argue this “weaponizes” official documents against critics and creates “de facto statelessness.” It also risks a chilling effect on free speech in the post-election period.
National Security: The state says it is protecting the country. Under law, the burden is to prove a real, individual threat, not to rely on a general claim.
- What This Means
This is a clash of Legality vs. Legitimacy and Security vs. Liberty.
Legal? Yes, under Zambian law.
Legitimate? Questioned, because the targets are vocal critics and the reasoning has not been made public.
Citizenship has not been revoked. However, the practical effect is the loss of ID, travel rights, and access to essential services.
- Possible Scenarios
- Legal Win: Courts demand specific reasons and order reinstatement of the passports. This would set a precedent for due process.
- Political Fix: Backchannel talks and diplomatic pressure lead to reinstatement to protect Zambia’s image in the AU, SADC, and the United Nations.
- Prolonged Limbo: Appeals stall. The 6 seek asylum or refugee travel documents abroad. Zambia faces reputational costs.
- Escalation: Further cancellations trigger calls for sanctions and travel bans, deepening political polarization, especially as Zambia continues to manage the fallout from the 13 August polls.
- Reform: The Government issues clearer rules and allows independent review to better balance security and rights.
- Bottom Line
This case will test whether Zambia can uphold both state security and citizens’ rights transparently. It comes against the backdrop of opposition leader Brian Mundubile and 11 others, including his running mate Makebi Zulu, still being held in prison on treason charges linked to government claims of national security. The 14 August night raid was also justified on state security grounds, according to the government.
In all of these cases and allegations, the Government must produce evidence. If the evidence is reviewed and sustained, the arguments will hold. If not, it will be seen as targeting dissent, a scenario that could taint and compromise Zambia’s brand and attract negative consequences
For now, we await the next 30-90 days. The appeals, court rulings, and Zambia’s explanations to the AU, SADC, and UN will decide the precedent.
