Judgment No. CCZ 4/18 27
Case No. CCZ 3/18
applicants a right which does not arise from the Constitution. The only benefit to this Court, of
these laws, might lie in their persuasive effect in the interpretation of any similar or related law
that may be passed by our Legislature to regulate the right of those based abroad to vote.
In the result, I find that the international treaty cited by the applicants, not having
been appropriately incorporated into our domestic legislation, has no binding effect in the
determination of the dispute in this matter. I find too that the international electoral laws which
the applicants have made reference to offer little if any assistance in the interpretation of the
constitutional provisions, as currently phrased, that pertain to our national elections.
DISPOSITION
When all is considered, and on the basis of the foregoing, I find that the application
cannot succeed.
It is accordingly ordered as follows:
‘The application be and is hereby dismissed with no order as to costs.’
GARWE JCC:
I agree
GOWORA JCC:
I agree
HLATSHWAYO JCC:
I agree
PATEL JCC:
I agree
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