Judgment No. CCZ 4/18 5
Case No. CCZ 3/18
requirement, of residency. The Constitution does not provide for external constituencies. There
is a presumption of coherence of the Constitution and the provisions of the Constitution should
not be read in isolation. Further, that the residency requirements have constitutional ‘parentage’
and are not unreasonable requirements. A person can only lose their right to vote in terms of
s 23 (3) as read with s 33 of the Act. Section 33 provides for the procedural steps to be taken
before a person is disentitled to vote. In order to be entitled to vote in a constituency, a person
has to have an interest in the relevant constituency and this is only safeguarded by the residency
requirement. Mrs Munyoro contends that s 72 of the Act is justified for the reason that it relates
to persons reassigned by the government. Persons abroad on government service cannot vote
in the hosting nations but applicants may be able to vote in their countries of residence
depending on their circumstances. Notwithstanding that there are other countries which permit
the diaspora vote, it is her contention that Zimbabwe has to be guided by the wording of its
Constitution, which clearly did not anticipate the diaspora vote. Thus, if the applicants feel
strongly about the diaspora vote, they should petition Parliament to amend the Constitution.
Before I consider the real dispute between the parties, I consider it pertinent to
comment on a part of the relief sought by the applicants, that is, para 1 of the draft order. The
applicants purport to seek relief on their own behalf and that of ‘other Zimbabweans living and
working abroad ….’ This application has been filed in terms of s 85 (1)(a) of the Constitution,
not under s 85 (1)(c) or (d), which permit an applicant to seek relief on behalf of other persons
besides him or herself. During the hearing, Mr Mpofu for the applicants properly conceded
that the applicants could not validly seek this relief.
In resolving this matter, it is apparent that four questions arise for determination,
that is: -