whether the placement of a residency requirement is a legitimate limitation of the rights guaranteed under Article 9 (2) and Article 13 (1) of the African Charter. In that regard, the Commission found that limiting voting rights to resident citizens serves a legitimate purpose and is necessary to achieve that purpose, which is limiting voting rights to residents, which are primarily affected by the outcome of elections. The Commission found this as sufficient to justify a difference in treatment as resident and non-residents are not in an analogous situation, as they are impacted differently by the outcome of elections. 124. The Commission therefore now turns to discussing the second tier of distinction, between ordinary non-resident citizens and persons on duty in government service, who would typically, though not always, be referred to as diplomats. In this instance, the same logic underlying the first tier of distinction would also regulate this distinction. The Commission notes the general presumption earlier reached that by no longer residing in their country of citizenship, ordinary nonresident citizens are not affected by the outcome of elections in a similar manner to resident citizens, which justifies a difference in treatment. The Commission is however of the view that the same cannot be held in relation to persons on duty in government service. For this group of persons, there is a presumption that their stay away from their country of citizenship is temporary, and that were it not for their duties abroad, these persons would have been eligible to vote in person. These persons are expected to return to their home country upon completion of their duties, whereas the same may not be true in relation to ordinary non-resident citizens. 125. The Commission concurs with the underlying principle espoused by Section 33 (3) of the Electoral Act of Zimbabwe that holds that the names of persons on duty in government service will remain on the electoral roll even if they had lived outside of Zimbabwe for more than the prescribed twelve (12) months period, primarily because their stay outside of Zimbabwe is considered temporary.58 58 33 Removal from voters roll on disqualification, death or absence (2) Subject to subsection (5), if a voter registration officer is satisfied that a voter registered on a voters roll— (a) has been absent from his or her constituency for a period of twelve months or longer and is not a voter who was registered with the approval of the voter registration officer in a constituency in which he or she was not resident; or (b) has left Zimbabwe with the intention of residing permanently outside Zimbabwe; the voter registration officer shall remove such voter’s name therefrom. (3) In determining the period of absence of any person for the purposes of subsection (2), no account shall be taken of any period during which the person— (a) resides outside his or her constituency while he or she is a Vice-President, Minister, Provincial Governor or Deputy Minister; or (b) is occupied in the discharge of his or her duties outside Zimbabwe while in the service of the State 31