Judgment No. CCZ 4/18 21 Case No. CCZ 3/18 Once it is found, as I have done, that the residency requirements under s 23 are not unconstitutional in that they do not interfere with the constituency-based nature of our electoral system, it must follow that there is no obligation on the part of the Zimbabwe Electoral Commission to set up polling stations outside the country. The same point has been stressed before, by this Court. In Registrar General of Elections & Ors v Morgan Tsvangirai 2002 (1) ZLR (S) the court found that electoral authorities are not under a legal duty to provide machinery in foreign countries to record votes of Zimbabwean citizens registered as voters who live there and are unable to attend personally at polling stations in their constituencies on polling day. The exception was the category of persons specified under s 72 of the Act. The applicants have not challenged the correctness of that judgment. In the Bukaibenyu judgment at page 9, MALABA DCJ (as he then was) said in part: “The Constitution did not place an obligation upon the State to make arrangements for voters who for personal reasons were unable to attend at the polling stations to vote.” I find that the applicants have not established, as correctly argued for the respondents, that they are in a similar position as the persons referred to in ss 72 and 73 of the Act. They have not argued that they remain ordinarily resident in their constituencies in Zimbabwe. As already determined, residency in a constituency located in Zimbabwe (actual or deemed) is a sine qua non for eligibility to vote in national elections. It may be observed in this respect that residency requirements are not peculiar to Zimbabwe, as other jurisdictions have had occasion to address the same issue. The Court of Appeal for Ontario (Canada) dealt with the rationale for and the constitutionality of, residency