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: -

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