Judgment No. CCZ 4/18 14
Case No. CCZ 3/18
When these principles are applied to the circumstances of this case, it becomes
evident that an interpretation of all the provisions of the Constitution as discussed above, that
deal with the question of who may vote, where and how, makes it abundantly clear that the
Zimbabwean electoral system is constituency-based. The constituencies, in terms of s 160 of
the Constitution are 210 in number and are located within the boundaries of the country. The
Constitution does not mandate the setting up of constituencies outside the borders of
Zimbabwe. This in my view directs attention to what the true intention of the Legislature was
in this respect. It appears to be clear that the exclusion of the diaspora vote, as can be evinced
from the constitutional provisions referred to, was consciously contrived and therefore
intended. As stated in Zuma’s case (supra) the language used by the Legislature in effecting
this result is not one that this Court can ignore in favour of values, no matter how meritorious,
pertaining to the desirability or otherwise of permitting the diaspora vote. This is because the
language is clear in its meaning and does not admit of any ambiguity. In its wisdom and for
reasons that are not apparent, the Legislature chose to expressly exclude Zimbabwean citizens
not in government service but based abroad, from voting in the country’s harmonised elections.
Had the intention been not to so exclude this group of citizens from voting, the Legislature
would have clearly stated so.
This Court, dealing with constitutional interpretation in Rushesha and Others v
Dera and Others(supra), made the point that even what is not said has its own implications.
The court remarked:
“The interpretation of a statute and indeed a Constitution is based not only on what the
provision says but also on what the provision does not say….”
That the exclusion of the diaspora vote might have been intended is further
demonstrated by the fact that this is not the first time that the issue of the diaspora vote has