Judgment No. CCZ 4/18 10 Case No. CCZ 3/18 To facilitate the registration of a voter on the most appropriate voters’ roll of a constituency, para 1 (2) of the 4th Schedule gives the discretion to prescribe additional residential requirements to the Electoral Law. Clearly in my view, the ‘most appropriate voter’s roll’ envisaged in this paragraph must be related to, and not exist outside, the specific constituency applicable to the voter in question. The respondents argue effectively that one measure of this appropriateness is the voter’s physical or ‘deemed’ residency in the constituency concerned. The ‘deemed’ residency applies, with respect, to postal votes provided for under s 72 of the Electoral Act, discussed later in this judgment. Such residency must be related to a constituency and the postal voter must be registered on its voters’ roll before he can vote from wherever, in or outside Zimbabwe, he might be located. The constituency-based residential requirements for voting, I find, extend to the election of the President and Vice Presidents. Mr Mpofu argued that if the residential requirements are constitutional, they would only relate to parliamentary and local government elections. He contended that with regard to presidential elections, the residential requirements are of no consequence because there is only one constituency in presidential elections. I am not persuaded by this argument in view of the provisions of s 92 of the Constitution which reads as follows: “92 Election of President and Vice Presidents (1) (2) (3) (4) The election of a President and two Vice-Presidents must take place within the period specified in s 158. Every candidate for election as President must nominate two persons to stand for election jointly with him or her as Vice-Presidents, and must designate one of those persons as his or her candidate for first Vice-President and the other as his or her candidate for second Vice-President. The President and the Vice-Presidents are directly elected jointly by registered voters throughout Zimbabwe, and the procedure for their election is as prescribed in the Electoral Law. The qualifications for registration as a voter and for voting at an election of a President and Vice-Presidents are set out in the 4th Schedule.