Judgment No. CCZ 4/18 18 Case No. CCZ 3/18 Section 72 provides as follows: “72 Persons who may vote by post Where an election is to be held in a constituency, a person who is registered as a voter on the roll for that constituency shall be entitled to vote by post in terms of this Part if, on all polling days in the election, he or she will be outside Zimbabwe— (a) on duty as a member of a disciplined force or as an electoral officer; or (b) on duty in the service of the Government; or (c) as the spouse of a person referred to in para (b); and so unable to vote at a polling station in the constituency. [Section substituted by Act 6 of 2014]" (my emphasis) In terms of this provision, the starting point is an election due to be held in a given constituency. Next is the person who is registered on the voters’ roll of that constituency. Then follows the question of whether or not, on the day of voting, such voter is physically present not only in Zimbabwe, but within the constituency in order to cast his vote. Only if he is absent from the country will he be able to cast his vote by post. However, such person’s absence must be attributable to the call of duty in the service of the State or to being the spouse of such a person. This in my view points to an attitude on the part of the Legislature that this type of person would be interested in the affairs of his constituency and would have voted but for his absence due to the State posting abroad. Accordingly, the person is deemed to be resident in his constituency for purposes of voting in the general elections. Given the constituency based nature of the electoral system as set out in the Constitution, there can be no doubt that this person would not be able to cast his vote by post if he is not registered on the voters’ roll of his constituency. The applicants do not assert that they are registered on the voters’ roll of any constituency in Zimbabwe, a constitutionally mandated pre-requisite for casting the vote through the post, and indeed through any other means. They allege a violation of their rights