Judgment No. CCZ 4/18 20 Case No. CCZ 3/18 treated in a manner different from the treatment meted out to him and that he is entitled to the same or equal treatment as those persons.” (my emphasis) The applicants have shown that there are other citizens, that is, State officials, who are allowed to use postal voting, which they are denied by law. What they have not shown is that they are in the same position as those State officials. In this respect I find to be persuasive the following argument by the respondents, found in their heads of argument: “… s 72 applies to persons who are ordinarily resident in Zimbabwe and are registered voters who are actually on the voters’ roll. They are however outside the country because their duties require that they be outside Zimbabwe on polling day (and) are permitted in terms of s 72 to vote by post. This is a class of people who have themselves not made a conscious decision to leave the country but do (sic) so on national duty. They are a different class of persons from applicants who have voluntarily left the country, are not ordinarily resident in Zimbabwe, are not registered and have no constituency. The two are not in similar positions and cannot be compared.” (my emphasis) As already determined, in terms of the Constitution, no person may vote without being registered on the voter’s roll of a constituency. The applicants would be automatically excluded from voting if they are not so registered, and if they are not resident (or deemed to be so) in such constituency for the time periods specified in s 23 of the Act. A person entitled to postal voting is deemed to be resident in the constituency for which he or she is enrolled as a voter, see Madzingo and Others v Minister of Justice and Others 2005 (1) ZLR 171 (S). This is in terms of s 23 (2) of the Electoral Act. It is that deeming which entitles them to utilise postal voting. They are so deemed because, while they are on national assignments, their stay outside their constituency is regarded as temporary. The situation is different as regards people who have left their constituencies on their own accord. If they do not stay in their constituency as is required by s 23 of the Electoral Act, they are taken to have left their constituency for a duration which is not temporary. They are not deemed resident in that constituency and for that reason, cannot vote in the constituency.