25 “In regard to mere differentiation the constitutional state is expected to act in a rational manner. It should not regulate in an arbitrary manner or manifest ‘naked preferences’ that serve no legitimate governmental purpose, for that would be inconsistent with the rule of law and the fundamental premises of a constitutional state. The purpose of this aspect of equality is, therefore, to ensure that the state is bound to function in a rational manner.” b) The next question is whether the differentiation amounts to unfair discrimination: This entails a two-stage enquiry: i) Firstly, does the differentiation amount to ‘discrimination’? The answer has to be “YES” – objectively, the differentiation is based on grounds which have the potential to impair the fundamental human dignity of persons, or to affect them adversely in a comparably serious manner. To disallow a class of citizens from exercising their right to vote just because those citizens are outside the country for different reasons than other classes of citizens also outside of the country, cannot be anything but “discrimination”. ii) Is it ‘unfair discrimination’? Again the answer has to be in the affirmative. The discrimination amounts to favouritism of, most prominently, employees of the Government. They also need not even comply with the procedural requirements of notice. The discrimination impacts directly on the applicant’s right to vote, which is a fundamental right guaranteed by the Constitution, and to which the Electoral Act should give effect. iii)Secondly, it has to be determined whether the provision can be justified under the iv) limitation clause. It cannot, although the right to vote may be limited by law of v) general application, that law must meet the requirements of reasonableness and vi) justifiability set out in section 36 of the Constitution. (Paras [22] and [23] of August). Section 36 calls for a proportionality analysis in which the question ultimately "is one of degree to be assessed in the concrete legislative and social setting of the measure, paying due regard to the