JUSTICE IN ZIMBABWE 74 ____________________________________________________________________ It should be noted that this dissenting judgment was given despite the concession by respondents’ counsel that the reasoning of the judge a quo could not be supported. The Tsvangirai case (Tsvangirai v Registrar-General of Elections & Others S-20-2002) The election to elect the President of Zimbabwe was due to be held on 9 and 10 March 2002. The applicant, who was the leader of the main opposition political party in Zimbabwe, was the principal challenger to President Mugabe in the presidential election. On 5 March 2002 acting in terms of s 158 of the Electoral Act [Chapter 2:01] the President promulgated the Electoral Act (Modification) Notice, 2002, published in Statutory Instrument 41D of 2002 (“the Notice”). Section 158 of the Electoral Act empowers the President to make statutory instruments which “he considers necessary or desirable to ensure that any election is properly and efficiently conducted and to deal with any matter or situation connected with the elections.” Such a statutory instrument may, amongst other things “suspend or amend any provision of the Electoral Act or any other law insofar as it applies to any election.” The Notice was issued three days before the presidential election commenced and dealt with vital and important issues relating to the manner in which the election was to be conducted. It altered the provisions of the Electoral Act in material respects and, consequently, the conditions under which the election was to be conducted. The applicant was aggrieved by the provisions in the Notice because he believed that they gave President Mugabe an unfair advantage over him in the election. He brought an urgent application directly to the Supreme Court in terms of s 24(1) of the Constitution challenging the constitutionality of s 158 of the Electoral Act and the Notice. He alleged that the s 158 and the Notice violated his and his supporters’ constitutional right to the protection of law [s 18(1)] and to freedom of expression [20(1)].