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IN THE SUPREME COURT OF ZIMBABWE

Civil Appeal No. SC 298/13

In the matter between:

MORGAN TSVANGIRAI Appellant
and
CHAIRPERSON OF THE ELECTORAL COMMISSION 1^st Respondent

CHIEF ELECTIONS OFFICER OF THE ZIMBABWE

ELECTORAL COMMISSION 2^nd Respondent

ZIMBABWE ELECTORAL COMMISSION 3^rd Respondent

REGISTRAR GENERAL OF VOTERS 4^th Respondent

ROBERT GABRIEL MUGABE 5^th Respondent
HARARE: Thursday the 23^rd day of January 2014
Before the Honourable Mr Justice Malaba, Deputy Chief Justice

the Honourable Mr Justice Garwe, Judge of Appeal

and the Honourable Mr Justice Hlatshwayo, Judge of Appeal
Advocate L. Uriri, for the Appellant

Mr T. Kanengoni, for the 1^st , 2^nd, and 3^rd Respondents

Mr C. Chopamba, for the 4^th Respondent

Mr T. Hussein, for the 5^th Respondent

WHEREUPON, after reading documents filed of record and hearing counsel,
IT IS ORDERED THAT:

1. 
   The appeal against the judgment of the court a quo succeeds with no order as to costs to the extent that the part of the order referring to the allegedly contemptuous conduct of the appellant and the legal practitioners who represented him in the application to the court a quo be referred to the Attorney-General or National Prosecuting Authority for investigation and the part of the order directing the appellant to pay costs on a legal practitioner and client scale be and is hereby set aside.
   

2. 
   The order of the court a quo is therefore amended to read as follows, “The Applications in case number EC 27/13 and EC 28/12 are not urgent and are accordingly removed from the roll with costs on the ordinary scale”.
   

BY THE COURT


REGISTRAR