Judgment No. CCZ 4/18 7 Case No. CCZ 3/18 (2) (3) ... Subject to this Constitution, every Zimbabwean citizen who is of or over eighteen years of age has the right— (a) to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret; and (b) to stand for election for public office and, if elected, to hold such office.” (my emphasis) Paragraph 1(2) of the 4th Schedule to the Constitution provides as follows: “(2) The Electoral Law may prescribe additional residential requirements to ensure that voters are registered on the most appropriate voters roll, but any such requirements must be consistent with this Constitution, in particular with s 67.” As is apparent from the above, subs (3) confers the right to vote in all elections, on ‘every Zimbabwean who is of or over eighteen years of age’. This right however is not absolute, since the same provision is prefixed with the words ‘Subject to this Constitution’, whose effect is to limit this very right. The clear meaning of this provision is that it must not be read in isolation but must ‘subject’ itself to other provisions of the Constitution that have a bearing, no matter how tangential, on the issue of electoral voting. The provision must in other words, cohere or be consonant with all such other constitutional provisions. Of these other provisions, the applicants specifically mention para 1 (2) of the 4th Schedule to the Constitution. This provision, as already indicated, provides leeway for ‘the Electoral Law’ to prescribe additional residential requirements to ensure that voters are registered on the most appropriate voters roll. However, any such requirements must be consistent with the Constitution, in particular with s 67. (It hardly needs mention that whether or not such residential requirements violate s 67 will depend on how that section itself is interpreted.)

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