Judgment No. CCZ 4/18 11 Case No. CCZ 3/18 (5) The election of a President and Vice-Presidents must take place concurrently with every general election of members of Parliament, provincial councils and local authorities.” (my emphasis) In terms of s 92 (4), the qualifications for registration as a voter and voting are prescribed in the 4th Schedule to the Constitution. This is the very same Schedule that speaks to a constituency-based election and directs one to s 23 of the Electoral Act. One significant provision of s 92 is para (3) which makes reference to registered voters ‘throughout Zimbabwe’. This phrase delineates geographical parameters for the Presidential election and since the election is held concurrently with the rest of the harmonised elections, it (the phrase) is in perfect harmony with s 160 of the Constitution which relates to electoral boundaries. The clear meaning is that the Presidential election is to be conducted in Zimbabwe and in order for a person to participate in it, he has to be in Zimbabwe or deemed so, and, also, must be registered as a voter in terms of the 4th Schedule to the Constitution. When the foregoing is considered, it becomes evident that the contention made for the applicants that the right to vote given under s 67 (3) of the Constitution does not depend on anything other than citizenship and age, is not legally sustainable. While it is in some cases correct, as contended for the applicants, that a right accorded in the Constitution cannot be attenuated by legislation, in casu, it is the Constitution itself which appears to attenuate in a later provision, a right that it accords in an earlier one. Further, the argument by Mr Mpofu that in terms of s 35(3) of the Constitution, the state is ‘obliged’ to follow its citizens wherever they are in the world to enable them to vote, and that its obligation to do so is not informed by the location of the citizen but his being a citizen, finds no support in the Constitution. It is important to note that while a right granted by the Constitution may not always be limited through

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