Judgment No. CCZ 4/18 23
Case No. CCZ 3/18
resonates, with the Constitution. The contrary interpretation favoured by the applicants would
in my view result in undermining the principle that Zimbabwean elections are constituency
based. As already determined, this principle emerges from a consideration of the relevant
provisions of the Constitution as a whole, especially s 67, s 93, s 155, s 161 and the 4th Schedule.
Even if it were to be assumed that the applicants were in a similar situation with
the State employees mentioned in s 72 of the Act, based solely on the fact that they are all
Zimbabwean citizens over 18 years of age and resident abroad, it is evident that the Legislature
chose to treat these two categories differently. It has been held that this type of differentiation
does not always amount to discrimination. MALABA CJ, in Greatermans Stores (1979)
(Private) Limited t/a Thomas Meikles
Stores and Another v Minister of Public Service,
Labour and Social Welfare and Another CCZ 2/18 dealt with the difference between
discrimination and differentiation in the following terms:
“In V.M. Syed Mohammad and Company (supra) a complaint was made to the effect
that an impugned Act singled out for taxation purchasers of certain specified
commodities only but left out purchasers of all other commodities. In interpreting the
right to equal protection of the law, the court stated as follows:
“It is well settled that the guarantee of equal protection of laws does not require
that the same law should be made applicable to all persons. Article 14, it has
been said, does not forbid classification for legislative purposes, provided that
such classification is based on some differentia having a reasonable relation to
the object and purpose of the law in question. As pointed out by the majority of
the Bench which decided Chiranjitlal Chowdhury's case ([1950] S.C.R. 869),
there is a strong presumption in favour of the validity of legislative classification
and it is for those who challenge it as unconstitutional to allege and prove
beyond all doubt that the legislation arbitrarily discriminates between different
persons similarly circumstanced. There is no material on the record before us to
suggest that the purchasers of other commodities are similarly situated as the
purchasers of hides and skins.””
The differentiation in this case is based on the fact that the categories of persons
given a privilege in terms of s 72 of the Act are persons who have been posted to stations
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