Judgment No. CCZ 3/14 5 Const. Application No. CCZ 64/13 The application was opposed by the fourth respondent. Mr Hwacha, while acknowledging the right of the recipients of the special vote to cast their vote, submitted that consideration was also to be given to the rights of the six (6) million voters who are entitled to free, fair and transparent elections. He submitted that had there been a challenge to s 81B(2) of the Act, the applicant would have been able to argue that the derogation was not justifiable. As it is, the wrong procedure had been adopted by the applicant. He drew the Court’s attention to s 81H of the Act which makes it a criminal offence for special voters to vote in a general election. However, Mr Kanengoni expressed surprise that the MDC-T had opposed the application since it was made as a result of consultation with all the political parties involved as to the way forward as far as the special voters were concerned. It was submitted on behalf of the applicants that for the fundamental right to vote provided for in s 67 of the Constitution to be of any effect, the obligations placed on the applicant in terms of s 239 of the Constitution and the measures highlighted under s 155 of the same Constitution must be met with respect to every election and referendum. Where these standards are not met, the rights of every Zimbabwean citizen enshrined in s 67 of the Constitution will have been violated. Thus the failure by the first applicant, albeit through no fault of its own, to discharge the obligations placed on it by the Constitution, resulted in thousands of potential voters, authorized to cast their ballots on 14 and 15 July 2013, being unable to vote equally through no fault of their own. In terms of s 81B of the Act, these potential voters are prohibited from voting “in any other manner than by a special vote in terms of this Part”.