The Zimbabwe Human Rights NGO Forum – April 2, 2001, v.6
Zimbabwe Parliamentary Election Challenges Newsletter

Overview for 26th March- 30th March, 2001

All judges presiding over the parliamentary election challenges have adjourned for the April recess. No trials were held last week. Of the trials held two weeks ago, Shurugwi and Chiredzi North have been completed while Makoni West is scheduled to reconvene on 14 May.

The only court activity last week was the reopening of the Buhera North case in which MDC President Morgan Tsvangirai contested his loss to ZANU (PF) MP Kenneth Manyonda. The trial was supposed to be reopened so a Central Intelligence Organization agent, Joseph Mwale, a war veteran leader, Kainos Zimunya and two associates could rebut testimony that implicated them in the petrol-bombing death of MDC supporters Talent Mabika and Tichaona Chiminya. Although the Court subpoenaed these men, they did not report to the hearing and their whereabouts are currently unknown. The Court left the responsibility of the subpoena to the petitioner. Ms. Sheila Jarvis, Mr. Tsvangirai’s lawyer, stated that the subpoenas were served at the workplaces of both men. Judge James Devittie stated that he will nevertheless make a decision with or without the testimony of the two men and will announce his judgment during the last week in April.

NOTE: Unless there is out-of-court activity with the challenges, the Zimbabwe Election Challenges Newsletter will publish its next issue on 30 April when the Court reconvenes. That issue should contain the decisions from the Buhera North and Shurugwi cases.

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

Chiredzi South is expected to start after the recess. Makoni West has adjourned until May 14th. The Buhera North case was completed after two subpoenaed witnesses did not report to court.

Constituency Case Status Ruling Appeal
Buhera North Tsvangirai vs. Manyonda Completed Pending
Chinhoyi Matamisa vs. Chinyangwa Completed Pending
Chiredzi North Mare vs. Chauke Completed Pending
Hurungwe East Chadya vs. Marumahoko Completed Pending
Makoni West Makuwaza vs. Mahachi Reconvenes 14/5
Mutoko South Muzira vs. Muchena Completed Pending
Shurugwi Matibenga vs. Nhema Completed Pending
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.
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