Constitutional Court Mawarire v Mugabe NO & Ors Chidyausiku CJ (d) Costs The applicant has won his case and costs should follow the result. As against the first respondent, the first respondent literally consented to the alternative relief sought by the applicant. Ordinarily a respondent who takes this attitude will not be ordered to pay the costs. However, in this case it is the conduct of the first respondent in failing to timeously fix a date for harmonised elections that has compelled the applicant to approach the Court. Apart from this, the first respondent represents the State, and in my view it is only fair and just that the State should pay the costs of a public spirited citizen like the applicant, who undertook the responsibility of doing something about an electoral process that has gone astray. The second and fourth respondents opposed the application on the basis of an interpretation of s 58(1) of the Constitution which this Court has found to be permissible although erroneous. In my view, it would be unjust to mullet the second and fourth respondents in costs. The second and fourth respondents should simply bear their own costs. It is my hope that, although the order of the Court is not against the second and fourth respondents, they will use their good offices to assist the first respondent to restore the rule of law to the electoral process. (e) Order In the result, the Court makes the following order 1. It is declared that the harmonised general elections in terms of s 58(1) of the Constitution of Zimbabwe are due upon the dissolution of Parliament on 29 June. However, due to the first respondent's failure to issue a proclamation fixing the date for the harmonised elections timeously it is no longer legally possible to hold the harmonised elections on that date. 2. It is declared that the failure by the first respondent to fix and proclaim date(s) for harmonised general elections to take place by 29 June 2013 is a violation of the first respondent's constitutional duty towards the applicant to exercise his functions as a public officer in accordance with the law and to observe and uphold the rule of law in terms of s18(1a) of the constitution. 3. It is further declared that by failing to act as stated in para 2 above, the first respondent has violated the applicant's rights as a voter and his legitimate expectation of protection of the law entrenched in s 18(1) of the Constitution. 4. Accordingly, the first respondent be and is hereby ordered and directed to proclaim as soon as possible a date(s) for the holding of Presidential election, general election and elections for members of governing bodies of local authorities in terms of s 58 Cl) of the Constitution of Zimbabwe, which elections should take place by no later than 31 July 2013. 5. The first respondent shall bear the costs of the applicant. ZIYAMBI JA: I agree GARWE JA: I agree GOWORA JA: I agree HLATSHWAYO JA: I agree CHIWESHE AJA: I agree GUVAVA AJA: I agree 13