Judgment No. CCZ 4/18 9 Case No. CCZ 3/18 “Under the Zimbabwean electoral system, a voter votes not only as a citizen of this country but also to protect his or her rights and interests as a resident of the constituency in which he or she is registered2.” It should be noted that para 1 (1) is made ‘subject to’ para 1 (2). The import of this prefix in my view is simply to restate the fact that the requirements for eligibility to vote as outlined in para 1 (1) must take on board any additional residential requirements that may be prescribed in terms of para 1 (2). The caution contained in para 1 (2) against these additional requirements violating the political rights guaranteed in s 67, especially subs (3) thereof, is not to be interpreted narrowly, since this subsection is made ‘subject to’ other provisions of the Constitution that deal with voting rights. The clearest suggestion as to what ‘constituency’ for purposes of voting in general elections refers to, is given in s 160(1) of the Constitution. The section falls under the heading ‘DECLARATION OF ELECTORAL BOUNDARIES’, and the subtitle ‘Number of constituencies and wards’. It reads as follows: “(1) For the purpose of electing Members of Parliament, the Zimbabwe Electoral Commission must divide Zimbabwe into 210 constituencies.” (my emphasis) It is not in dispute that Harmonised General Elections are held in order for the electorate to vote among others, for Members of Parliament, a President and local Government representatives of their choice. There can, in my view, therefore, be no doubt that the reference to ‘constituency’ in para 1 (1) of the 4th Schedule relates to any one of the 210 constituencies which ZEC is constitutionally mandated to divide Zimbabwe into. 2 . In that judgment, the Court dealt with a challenge to the restriction of postal voting to government officials and the residency requirements in the Electoral Act, albeit under the old Constitution. The issues are however the same as the ones in this case. The applicants have not challenged the correctness of this judgment nor established that it was distinguishable.