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The Zimbabwe Human Rights NGO Forum – July 23, 2001, v. 19

As was reported in the last newsletter on 2 July, two new judges have been appointed to hear election petition cases in the High Court. Four judges now currently hear election petition cases. During the time that the newsletter was on hiatus, Judge Ziyambi heard the Seke case, which had been postponed earlier due to crucial paperwork not being filed correctly. Marondera East continues with the vote recount.

Overview for July 16th - July 20th

*Please note that the Background Section will now appear following the court testimony.

Judge Garwe is currently hearing the respondent’s case in Makoni East. The respondent, ZANU (PF) MP Shadreck Chipanga testified first and denied any knowledge of incidents of violence in his constituency. He further denied allegations that he was present when violence took place or that he participated in acts of violence.

Judge Ben Hlatshwayo is currently hearing Mberengwa East. Allegations that a torture centre was operated at Texas Ranch have been the central focus of the trial. Witness Mavis Tapera testified that her husband was murdered by ZANU (PF) supporters who severely beat him all over the body for four days. Mrs. Tapera was also tortured in an incident in which she was forced to imitate sexual positions with an iron rod and then forced to drink urine. Two other witnesses testified that they were raped at gunpoint by war veteran Francis Ncube. Ncube allegedly told them that the police would not arrest a fellow war veteran and traveled to the local police station to ensure that neither woman would file a complaint.

Mount Darwin South, a case in which evidence cites widespread and constant violence during the run-up to the parliamentary election, is being presided over by Judge Makarau. This week a father and his 12-year-old son described their abduction, and how they were detained by ZANU (PF) supporters in a container.

Mount Darwin South

Mr. Godfrey Mumbamarwo, MDC Candidate
Vs.
Mr. Savior Kasukuwere, ZANU (PF) MP

Results: Voter Population: 41,522 Votes Cast: 26,236 Spoilt Ballots: 802
Kasukuwere: 22,733
Mumbamarwo: 2,295

Killings

Ø Philip Marufu testified that he was forced to watch ZANU (PF) supporters beat and kill an MDC member. The killing was carried out by the Tata group, a ZANU (PF) militia for Mt. Darwin, which is still functioning in the constituency at present. The group is supervised by a man named Mafius, a well-known ZANU (PF) assassin in Mt. Darwin. During the Rhodesian era, he was a District Assistant, a guard stationed at the internment camps that were set up in Mashonaland Central during the liberation struggle.

Ø Godfrey Mumbamarwo, the MDC candidate, stated that ZANU (PF) supporters killed approximately two dozen MDC supporters in the constituency by beating them to death or killing them outright.

Rapes

Ø Mumbamarwo testified that ZANU (PF) supporters have raped women and children in the constituency. Young girls have been taken from their homes at night and raped at pungwes, which are all night meetings held by ZANU (PF) supporters.

Abductions

Ø Marufu was allegedly abducted by Mafius and other ZANU (PF) supporters before the elections. He was kept in a container, which is a long iron box without windows that ships use to carry cargo. He was kept in the container all day, which was locked from the outside. It had no toilet. His 12-year-old son was abducted by the same perpetrators a week later and was locked in the container with his father. At night, Marufu would be taken by Mafius and other ZANU (PF) supporters to go to door to door to identify MDC members, at which point the ZANU (PF) supporters would beat them.

During the time that Marufu was detained the ZANU (PF) candidate, Savior Kasukuwere, traveled to the area for a rally. Marufu was made to attend these ZANU (PF) rallies. He would be told to go onstage and was made to praise ZANU (PF) and sing ZANU (PF) songs. At one particular rally in Centenary, ZANU (PF) supporters arrived with two coffins draped with MDC flags. The crowd was told that the two coffins held the bodies of Morgan Tsvangirai and the MDC candidate, Mumbamarwo. Kasukuwere told those at the rally that people could not vote for Tsvangirai and Mumbamarwo because they were in the coffins, dead.

After two weeks of detention, Marufu asked Mafius and the other perpetrators if he and his son could have leave to visit their family. Marufu was granted two days and given Z$100. At that point, Marufu and his son fled to their rural home where they slept for one evening, and then fled to Harare where they stayed in hiding.

Ø The court was closed for the testimony of the 12-year-old son of Philip Marufu because of his age. From a medical assessment, he said that his father was abducted, and then he was abducted and kept in detention with his father for three months. He witnessed his father being beaten by a group of people, and his father was verbally abused, threatened, kicked and hit with hard objects. The boy also received verbal abuse and threats from the perpetrators. He said that the perpetrators brought their girlfriends to the container and had sexual intercourse with them whilst his father and he tried to sleep. He and his father were made to defecate in the container, and used sacks as blankets. The perpetrators threatened to sodomize and beat the boy on three different occasions but he resisted. He also said that his home was burnt down.

Assaults/Torture

Ø ZANU (PF) supporters assaulted Mumbamarwo, 60, at his home in Bindura. Some of his fingernails and toenails were pulled out and both his hips were broken.

Ø Admore Rufasi, an MDC leader in Mt. Darwin, stated in a medical assessment that on 21 May 2000 he was assaulted by eight ZANU (PF) youths at Kamutsengere Village while he was working in his field. He managed to run away and escaped in the forest nearby. He was hit with stones and still has chronic pain in areas of his chest, back and abdomen.

Ø Nickson Makuare stated in a medical assessment that on 14 April 2000 he was assaulted in Mt. Darwin with an iron bar by Savior Kasukuwere, the ZANU (PF) candidate. He was hospitalized for three months and lost his right eye as a result of the attack. Since the attack, he has been experiencing chronic ringing in his ear.

Ø From court testimony and medical assessments, Philip Marufu described an incident in which he was beaten on 6 March 2000. He was at Madando shops when Mafius and two pick-ups filled with men in ZANU (PF) t-shirts arrived and surrounded him. They began to hit him using iron bars, sticks, and sjamboks. He passed out as someone hit him between the shoulders, the right eye, and nose. He was unconscious for over 30 minutes. His brother, who was with him and was also beaten, reported the incident to the police and Marufu was taken to hospital. Marufu said that Mafius and some of his attackers followed him to the hospital and stood by his hospital bed, not saying anything. They stood by his bed in silence until a nurse there told them to leave so she could treat him.

Ø During the time that he was abducted and kept hostage, Marufu was beaten and experienced torture by falanga, which is the beating of the soles of the feet. As a result of this, the evidence from the medical assessment shows that Marufu is experiencing the long-term effects this particular kind of torture, which is difficulty walking and chronic pain.

Ø After he returned to Mt. Darwin to report the burning of his home, (see Destruction of Property section), Marufu returned to his rural home. He was beaten and burnt on his buttocks with logs that had been set on fire.

Ø Further evidence from the medical assessment shows that the results of Marufu’s torture and injuries are extensive. He has scars on his face, chest, and back. His buttocks are swollen, and he has an abscess on his back thigh that still oozes puss and is draining. Areas along his spine are very painful. He experiences chronic headaches, chest pains and coughing. He has pains in his arms. He cannot walk properly. He is very worried for his family and his son. There are also effects from the two instances that he was rendered unconscious by beatings. From a medical standpoint, it is dangerous to be unconscious for longer than 30 minutes. Marufu has experienced some cumulative effects such as headaches, impaired concentration, impairment of memory and hearing. Further assessment must be done in order to see if the effects of the beatings have even longer-term effects.

Ø From court testimony and the medical assessment Marufu reported that he was beaten on 9 March 2001. He was sleeping at home when about six men started hitting him using rubber objects while he was lying on his stomach. A plank hit him in the right shoulder and something burnt him on his abscess. He then lost consciousness. When he awoke he pleaded with the perpetrators that he was going to leave the area. They threatened him with execution if they found him there and then they left. He decided to leave with his son, who had been suspended from his primary school because Marufu supported the MDC.

Threats

Ø Mumbamarwo stated that many families in the constituency fled to Mozambique due to the violence and fear of assault. Some were told by ZANU (PF) supporters to go to Mozambique until the elections were over so that they could not vote.

Destruction of Property

Ø Mumbamarwo stated that many incidents of violence took place in Mt. Darwin before the election. He operated the only black-owned farm in the area, which is worth Z$15 million. It was destroyed by ZANU (PF) supporters. His canneries and crops were set on fire, his home was burned, his farm workers were beaten up, and his farm equipment was destroyed. His home at Bindura was also destroyed. Mumbamarwo testified that as many as 1,000 homes of people in the constituency were burnt.

Ø Marufu’s home was burned after he fled to Harare with his son. After his wife told him that their home was burned, he returned to Mt. Darwin and made a report to the police. Before he reached Mt. Darwin, he bought a ZANU (PF) card in Bindura for protection. Mafius heard that he was reporting the burning of his home to the police and forced Marufu to go to ZANU (PF) headquarters in Mt. Darwin to sign an affidavit. The affidavit stated that Marufu would not press charges and that he would receive approximately Z$72,000 to compensate for the destruction of his home. However, the affidavit was not officially stamped in his presence and Marufu has only received Z$15,000 currently.

Interference with the Electoral Process

Ø Mumbamarwo was denied his right to vote on Election Day. He was told that he was not on the voters’ roll.

Ø Mumbamarwo said that the Tata group collected approximately 2,500 ID’s from constituents so that they would not be allowed to vote on Election Day.

Assaults on Witnesses

Ø The day that the Mt. Darwin trial was to begin, what remained of Mumbamarwo’s farm was attacked by ZANU (PF) supporters, and members of his family were attacked. People in the community whom ZANU (PF) supporters thought were witnesses in the election petitions were beaten up. The young daughter of his farm manager was abducted and raped by ZANU (PF) supporters and she is currently still in the hands of the perpetrators.

(Note: An incident occurred in the courtroom during a break in the testimony before Judge Makarau returned. An MDC member spoke to a ZANU (PF) supporter, and the ZANU (PF) supporter retorted with a derogatory remark, which visibly angered other people in the courtroom. The advocate for the defense spoke to MDC supporters in the room and asked them to withdraw their case. At this point, the Judge returned and the court business continued. )

Mberengwa East

Mr. Sekai Hove Holland, MDC Candidate
Vs.
Mr. Rugare Eleck Ngidi Gumbo, ZANU (PF) MP

Results: Voter Population: 48608 Votes Cast: 27974 Spoilt Ballots: 1262
Gumbo: 23595
Holland: 3117

Killings

Ø Mavis Tapera gave testimony regarding her husband’s death and her own torture in one of the more harrowing stories that has come to light in the election petitions thus far. She told the Court that ZANU (PF) supporters led by Wilson Kufa Chitoro, alias ‘Biggie’ Chitoro, abducted her husband, Fainos Zhou, on 4 July 2000. He was taken to Texas Ranch, which been repeatedly referred to by witnesses as a war veteran base and torture centre in the area. She received word that her husband had been released four days later and that he had been taken to MDC Candidate Mfandaidza Hove’s home. By the time she reached the home her husband had just died. She observed that he sustained serious injuries all over his body but was beaten severely on his buttocks. She told the court that it appeared as if he had been beaten with a hot iron bar.

Rapes

Ø Elizabeth Tati and Babara Mavhingire testified that they were both raped by Francis Ncube at Texas Ranch, a war veteran base and torture center. Mrs. Tati testified that she was abducted by ZANU (PF) youth on 4 June 2000. She was taken to Texas Ranch and handed over to Ncube. There, Ncube brandished a gun and told Mrs. Tati that he would kill her if she refused to sleep with him. Mrs. Mavhingire testified that she was also raped at gunpoint by Ncube on the same night as Mrs. Tati. Both were forced to chant ZANU (PF) slogans and denounce MDC President Morgan Tsvangirai on the way to the torture center. Ncube allegedly told Mrs. Mavhingire that it was useless to report the incident to the police because he was a war veteran. He said the government belonged to the war veterans and that nothing would be done to him. She proceeded to the Zvishavane police station where she was prepared to make a report but Ncube arrived before she could do so. She did not make a report for fear of further victimization.

Assaults/Torture

Ø After testifying about her husband’s death, Mavis Tapera told the court about her own assault and subsequent torture on 4 July 2000. Assailants led by ‘Biggie’ Chitoro ordered her out of her house at night and used a knife to cut off her petticoat. At this point she was clad in only her pants. They began to assault her with logs, concentrating on the buttocks. She testified that one of the assailants asked her if MDC President Morgan Tsvangirai bought her the pants she was wearing. Her attackers then forced an iron rod into her genitals and ordered her to imitate sexual positions. Breaking down numerous times on the witness stand, Mrs. Tapera testified that the ordeal was extremely painful but she was forced to continue. She then was taken to Texas Farm with her husband but was returned the same night. When her assailants returned her to her homestead, they urinated into a cup and forced her to drink from it. She told the court that one of the assailants threatened to force her to eat his stool if she refused.

ZANU (PF) Response

Ø ZANU (PF) MP Joram Gumbo flatly denied that he masterminded violence in the run-up period to the elections. He testified that he urged supporters in the area to reject violence and campaign peacefully.

Seke

Mr. Phineas Chivazve Chiota, ZANU (PF) MP
Vs.
Mr. Bennie Mutasa, MDC Candidate

Results: Voter Population: 48541 Votes Cast: 22639 Spoilt Ballots: 409
Mutasa: 10,821
Chiota: 9,236

Ø Court testimony of the Seke case finished with the completion of the respondent’s case on Wednesday of this week.

Ø Judge Ziyambi made comments on further procedures in the case. Before the court testimony had begun on 2 July, the verification of seven of the 44 polling stations in the district was conducted to determine: 1) the number of persons who were denied the ability to vote on election day; 2) why the voters’ names were not on the roll; and 3) the number of people who were allowed to vote later if they were initially denied.

Judge Ziyambi directed that the verification exercise should continue for the remaining 37 polling stations and the Registrar-General should provide this information. The Registrar-General should then produce a document comprised of this information to be signed by him. Both advocates should also sign this document, signifying that they are both in agreement of the information found. If there is disagreement between the two advocates over specific portions of the verification, it will be dealt with by the court at that time.

Makoni East

Mr. Nicholas Mudzengerere, MDC Candidate
Vs.
Mr. Tongesai Shadreck Chipanga, ZANU (PF) MP

Results: Voter Population: 35,762 Votes Cast: 15,518 Spoilt Ballots: 406
Chipanga: 7,509
Mudzengerere: 7,391

Assaults/Torture

Ø Amani Trust Clinical Director Tony Reeler testified that he examined torture victim Pishai Muchauraya and found evidence of post-traumatic stress disorder stemming from Mr. Mucharaya’s assault by ZANU (PF) supporters. Mr. Reeler testified that Mr. Mucharaya was experiencing concentration and memory problems that are affecting him at work and at home. He is also having problems resuming a normal social life, which is another sign of post-traumatic stress disorder.

ZANU (PF) Response

Ø Makoni East ZANU (PF) MP Shadreck Chipanga denied that he was personally involved in any act of violence in his constituency in the run up period to the election. He denied that violence occurred on a large scale during the campaign. Under cross-examination Chipanga denied that he resorted to violence out of desperation. ‘I was not desperate to win’, he said. ‘I was so confident I was surprised at the results.’ He went on to describe how he sought to wage a peaceful campaign. ‘It has never been ZANU (PF)’s policy and it will never be ZANU (PF)’s policy to assault people… My knowledge of politics is such that you can beat someone into submission but they will do the exact opposite (of what you tell them to do)’.

Numerous witnesses for the petitioner have testified that Chipanga was present during acts of ZANU (PF) violence and sometimes participated. Chipanga denied that he was ever present during such incidents. Chipanga acknowledged that the MDC community would be operating in a state of fear of violence, ‘If it (various allegations) was the truth but local residents know it was not.’ Specifically, Chipanga denied any knowledge of an assault on MDC supporters David Sundai and Lazarus Samanyayi that took place on 11 April 2000. Chipanga and his agents were accused of perpetrating the assault. In response to a question about whether he was responsible for the actions of his campaign agents, Chipanga replied that he would be responsible ‘if that is the Court’s position but my agents were under strict instructions not to assault anyone. It never happened.’

Chipanga denied numerous other allegations that he participated in, or encouraged, acts of violence. He denied allegations that he told a ZANU (PF) rally that he would, ‘sick my dogs on them (MDC supporters)’. The petitioner’s advocate, Eric Matinenga, repeatedly accused Chipanga of practicing a ‘see no evil, hear no evil’ mentality. Chipanga also denied that the murder of Tichaona Chiminya, an MDC campaign agent for the nearby Buhera North constituency, affected the MDC in the area. He argued that Chiminya was not well known in the area, an assertion that numerous witnesses for the petitioner contradict, and that his death did not instill fear in the MDC in Makoni East. In conclusion, Chipanga argued that the close vote, which he won by 118 votes, proved that there was a free and fair election because of the high number of MDC votes.

Background

Last June, parliamentary elections were held in Zimbabwe in an atmosphere of fear and violence. The elections marked the first time a strong opposition party, the Movement for Democratic Change (MDC), challenged the ruling Zimbabwe African National Union – Patriotic Front (ZANU (PF)) in the political arena. The MDC won 57 out of 120 contested seats but the price was high as pre-election violence erupted in the form of extra-judicial killings, beatings, property damage and intimidation around the country.

International observers and commentators including Amnesty International, the Commonwealth, the US-based National Democratic Institute and the European Union all released reports citing evidence that the elections were not free and fair. In fact, Zimbabwe’s own Electoral Commission proclaimed the elections the bloodiest since the end of white minority rule in 1980.

Both political parties blame the other for incitement of violence. However, the MDC has brought legal challenges to the High Court of Zimbabwe in 39 constituencies in an effort to overturn election results in those areas. They are alleging that the violence perpetrated by ZANU (PF) agents, with the knowledge or active participation of the ZANU (PF) candidate at the time, unfairly affected the outcome of the vote thereby violating the Electoral Act of Zimbabwe. The cases have thus far involved numerous allegations of violence being perpetuated by veterans of Zimbabwe’s war of liberation. Factions of these veterans are widely regarded to be militant and very close to ZANU (PF). War veterans are seen to be responsible for numerous acts of violence perpetrated against white commercial farmers in the past year in protest of what is perceived to be white domination of the industry. The vast majority of the electoral violence was perpetrated against members or perceived members of the MDC. They are asking that all elections in these 39 constituencies be re-run to achieve accurate results. If any member of parliament is found guilty of election misconduct in these proceedings, that member will be ineligible to run for public office for five years and a bi-election will be called in that constituency to determine a new sitting member.

In addition to allegations of violence, many protest the government’s changes to the Electoral Act immediately preceding the election. The Electoral Act allows for the president to make changes to the electoral system. He did so in the following ways: 1) Changes in the postal ballot system were made on June 7, ahead of the voting dates of the 24th & 25th June, to make it more difficult for Zimbabweans abroad to cast their ballots, 2) The Electoral Supervisory Commission had its power to accredit observers and monitors revoked and placed in the hands of the Registrar General, 3) Sitting dates for the Nomination Courts were deferred from May 29 to June 3, 4) The Electoral Act’s 21-day provision between nomination and polling was shortened to 20 days, and 5) Voter registration was extended from 16 April to 12 June. (All information regarding changes to the Electoral Act is courtesy of the Zimbabwe Human Rights Forum’s report, ‘Human Rights and Zimbabwe’s June 2000 Election’)

The Amani Trust, a Zimbabwean NGO advocating for victims of organized violence and torture, will produce a weekly report for the international community on the progress of these trials. This report will focus on cases of gross human rights violations and electoral abuses within constituencies that have cases before the High Court.

Election results courtesy Zimbabwe Election Support Network ‘Report on the 2000 Parliamentary Elections: Zimbabwe’

Status of Cases

Constituency Case Status Ruling Appeal
Buhera North Tsvangirai vs. Manyonda Completed MDC To Supreme Court
Chinhoyi Matamisa vs. Chinyangwa Completed ZANU (PF) To Supreme Court
Chiredzi North Mare vs. Chauke Completed MDC
Chiredzi South Tsumele vs. Baloyi Completed ZANU (PF)
Gutu North Musoni vs. Muzenda Withdrawn - -
Hurungwe East Chadya vs. Marumahoko Completed MDC To Supreme Court
Kariba Sigobole vs. Mackenzie Withdrawn - -
Makoni East Mudzengerere vs. Chipanga In Progress
Makoni West Makuwaza vs. Mahachi Completed No ruling
Marondera East Munhenzva vs. Sekeramayi In Progress
Masvingo South Rioga vs. Zvobgo Withdrawn - -
Mberengwa West Hove vs. Gumbo In Progress
Mount Darwin South Mumbamarwo vs. Kusukwere In Progress
Murewa South Nezi vs. Matisa Postponed
Mutoko South Muzira vs. Muchena Completed MDC To Supreme Court
Seke Chiota vs. Mutasa In Progress
Shurugwi Matibenga vs. Nhema Completed ZANU (PF)
Zaka West Musimiki vs. Chindanya Withdrawn - -
Zvishavane Maruzani vs. Mbalekwa Completed ZANU (PF) To Supreme Court

Sources: Witness statements, medical reports and court testimony.

*Election results courtesy Zimbabwe Election Support Network ‘Report on the 2000 Parliamentary Elections: Zimbabwe’

Prepared by the Amani Trust. Founded in 1993, Amani Trust is a Zimbabwe human rights non-governmental organization whose mission is to offer rehabilitation to survivors of organized violence and torture and their families. It also aims to make the nation aware of the consequences of organized violence and torture, and to work towards the prevention of future organized violence and torture. Amani Trust is also a member of the Zimbabwe Human Rights NGO Forum, a coordinating body and coalition of nine Zimbabwean human rights organizations, which works to provide legal assistance to political violence victims.
Address: 1 Raleigh Street, Harare, Zimbabwe
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