Judgment No. CCZ 4/18 16 Case No. CCZ 3/18 constituency in which he or she is not resident, the claimant may be registered as a voter in that constituency. [Subsection amended by Act 17 of 2007] (2) For the purposes of subsection (1), a claimant shall be deemed to be residing in a constituency while he or she is absent therefrom for a temporary purpose. (3) A voter who is registered on the voters roll for a constituency, other than a voter who has been registered in that constituency in terms of the proviso to subs (1), shall not be entitled to have his or her name retained on such roll if, for a continuous period of twelve months, he or she has ceased to reside in that constituency: Provided that nothing in this subsection shall prevent his or her name from being struck off such voters roll— (a) on his or her being registered in another constituency; or (b) if he or she becomes disqualified for registration as a voter. (4) The Chief Elections Officer, Registrar-General of Voters, any constituency registrar or any officer of the Commission may demand from any voter who is registered on the voters roll for a constituency proof of identity or proof of residence in that constituency or both of the foregoing. (5) For the purposes of subsection (4), the Commission may prescribe documents that shall constitute proof of identity and additionally, or alternatively, proof of residence: Provided that the prescribing of such documents shall not preclude a person from proving his or her identity or residence by other means” (my emphasis) Section 23 of the Act deals with residency requirements for eligibility to participate in elections as a voter. It is an additional requirement to the contents of para 1(1) of the 4th Schedule to the Constitution. The power to make residency requirements is derived from the Constitution itself. It is apparent that the concept of additional residential requirements is lawful and constitutional. What has to be determined is whether the residency requirements under s 23 of the Act contravene s 67 (3) in their extent. In view of my determination that the import of constitutional provisions dealing with national elections (s 67(3) included) is to create a constituency-based electoral system, I do not find that the provision in any way violates s 67(3). As argued for the respondents, the provision is administrative in nature and serves to facilitate implementation of the constituency-based electoral process. An ‘appropriate roll’ for the purposes of para 1(2) of the 4th Schedule relates, therefore, to a roll of the constituency in which the voter actually resides. Since the Constitution does not envisage constituencies