Judgment No. CCZ 4/18 24 Case No. CCZ 3/18 outside the country by the State to conduct State business. The applicants are people who have left Zimbabwe of their own accord. The rationale for the differentiation is that State servants cannot be disadvantaged on the basis of where they have been posted. They have been assigned by the State to take up positions at stations outside Zimbabwe in order to conduct the business of the State. The latter is accordingly under an obligation to ensure that they are not prejudiced of their right to vote. The differentiation in my view meets the constitutionality test. Accordingly, this point is determined against the applicants. The influence, if any, of International Conventions and electoral laws The first applicant approached the African Commission on Human and Peoples’ Rights in 2012 arguing that Zimbabwe was in violation of Articles 2, 3 (1), (2), 9 and 13 (1) of the African Charter on Human and Peoples’ Rights for the reason that the erstwhile Constitution as read with s 72 of the Electoral Act restricted his right to vote. The African Commission gave the following order: 1. That Zimbabwe allows Zimbabweans living abroad to vote in the referendum of 16 March 2013 and the general elections thereafter, whether or not they are in the service of the Government; 2. That Zimbabwe provides all eligible voters, including Gabriel Shumba the same voting facilities it affords to Zimbabweans working abroad in the service of the Government; and 3. That Zimbabwe takes measure to give effect to its obligations under the African Charter in accordance with Article 1 of the African Charter, including in areas of free participation in government. Section 327 (2) of the Constitution provides as follows: “(2) An international treaty which has been concluded or executed by the President or under the President’s authority— (a) does not bind Zimbabwe until it has been approved by Parliament; and (b) does not form part of the law of Zimbabwe unless it has been incorporated into the law through an Act of Parliament.”