Judgment No. CCZ 4/18 4 Case No. CCZ 3/18 outside the constituency for the relevant period, there is no provision for the equitable use of discretion by the Zimbabwe Electoral Commission. Reference was made to the fact that South Africa, Mozambique, Senegal, Rwanda, Ghana, Kenya, Botswana, Namibia, India, United States of America and Australia all grant their citizens in the diaspora the right to vote. Finally, Mr Mpofu argues that there was no need to amend the Constitution but that the government needed to amend its attitude. The second and third respondents filed papers indicating that they would abide by the order of the Court. The first, fourth, fifth and sixth respondents opposed the application and did so, generally, on the basis that anyone who wishes to exercise their right to vote can bring themselves into the confines of the law as currently worded and exercise the right to vote. They also allege that the impugned provisions are not restrictive. As regards s 72 of the Act, the first, fourth, fifth and sixth respondents allege that it is a justified differentiation between government employees outside the country and those pursuing their own interests abroad because government employees are required to be outside Zimbabwe on the polling day. They also allege that there is no obligation on the State to establish polling stations outside Zimbabwe. The first, fourth, fifth and sixth respondents also contend that the impugned sections are administrative in nature and are consistent with the Constitution. Mrs Munyoro for the first, fourth, fifth and sixth respondents argues in addition that the arguments by Mr Mpofu have already been dealt with in Bukaibenyu v The Chairman of the Zimbabwe Electoral Commission and Others CCZ 12/17. Her position is that the provisions under the erstwhile Constitution and the provisions in the current Constitution are similar. Section 67 (3) is subject to the rest of the Constitution. A person has the right to be retained only on the ‘most appropriate roll’. The 4th Schedule provides for an additional