The Zimbabwe Human Rights NGO Forum – May 7, 2001, v. 10
Zimbabwe Parliamentary Election Challenges Newsletter

Overview for April 30th – May 4th
Last week the High Court resumed the Makoni East election
challenge brought by Nicholas Mudzengerere of the MDC against ZANU (PF) MP
Shadreck Chipanga. Witnesses testified that they saw Mr. Chipanga both
participate in, and witness, political assaults perpetrated by ZANU (PF)
supporters against MDC supporters. Numerous witnesses also testified that
the murders of Tichaona Chiminya and Talent Mabika, MDC workers from the
nearby Buhera North constituency, severely intimidated MDC voters in Makoni
East. Another witness detailed how her house was burned by alleged ZANU (PF)
supporters and how she was harassed before giving testimony to the High
Court.

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.’

Description of Events in Each Constituency

Makoni East

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

Results: Voter Population: 35762 Votes Cast: 15518 Spoilt Ballots: 406
Chipanga: 7509
Mudzengerere: 7391
(Manicaland)

Assaults

Ø Witness Sydney Mureravanhu told the High Court that he was assaulted in
the presence of Mr. Chipanga while at the Chirimutsitu business center in
April 2000. His attackers accused him of distributing maize seed to MDC
supporters in the area. He could identify one of the men as William Mvenge.
Allegedly the assailants took him to a dam to assault him. After they were
finished, they pushed him into the water and threw stones at him. Mr.
Mureravanhu testified that he was sure that Mr. Chipanga saw him being
assaulted.

Ø Francis Chinonza testified that he was a victim of a particularly brutal
attack on MDC supporters. He told the court that he was assaulted with two
friends by men in a blue Nissan twin-cab. The first victim, Josiah, was
assaulted with an open hand but managed to escape. Mr. Chinonza’s other
friend, Makita, was assaulted and placed under the tires of the twin-cab.
The assailants told the driver, who is alleged to have been the respondent,
to run over him but the driver said and did nothing. Mr. Chinonza was then
beaten and told to lean against the car. When he did his assailant produced
a knife and stabbed him in the abdomen. Mr. Chinonza saw blood and fell to
the ground. He heard the assailants say that ‘the job is done’ and that they
had ‘killed one of (MDC president Morgan) Tsvangirai’s sons’. Afterwards
the car left and he saw that his intestines were exposed. Mr. Chinonza was
delirious, but a friend helped him walk to a medical clinic about two km
away. Mr. Chinonza had to hold his intestines in as he made his way to the
clinic.

Mr. Chinonza positively identified the driver of the twin-cab as Mr.
Chipanga. He stated that the respondent did not participate in the assault
but was fully aware of what was happening and did nothing to stop it. A
police report was filed but no action has yet been taken.

Ø Mr. Amos Kutiya testified that he witnessed the respondent assault David
Sundai near the witness’ homestead. The respondent allegedly hit Mr. Sundai
with an open hand and then stood by as ZANU (PF) youth beat him severely.
Mr. Kutiya recognized the blue Nissan twin-cab they were using because he
had seen ZANU (PF) supporters using it on party business in the area. He
recognized Mr. Chipanga immediately because the respondent had previously
given him a ride to Rusape. Mr. Kutiya also identified Lloyd Chipunza as an
assailant. He was also able to identify William Venge as a member of a ZANU
(PF) gang known to assault MDC supporters in the area.

After the assault, Mr. Kutiya went to help Mr. Sundai up but he could not
stand. His face was swollen and bloody and he could not see properly.

Intimidation

Ø Sydney Mureravanhu testified that the respondent said that he would remove
all MDC supporters from the Zhonga resettlement area. Mr. Mureravanhu lives
in this resettlement area.

Ø Mr. Pheneas Nyagura, the United Parties candidate for Makoni East in the
parliamentary elections, testified that voters within the constituency were
often intimidated by ZANU (PF) supporters. He stated that many potential
voters were told that ZANU (PF) could find out whom they voted for. He was
personally subjected to visits at his home by ZANU (PF) youth who said that
he should abandon UP and joint their party. He was made aware of the assault
on Francis Chinonza and said it had a negative impact on the mindset of the
voters. He cited this incident while claiming that the election was not free
and fair.

Ø Mr. Kutiya is a Ward Chairman for the MDC in Makoni East and testified
that his supporters were scared following waves of assaults directed at them
by ZANU (PF) supporters. He said that MDC members and opponents of ZANU (PF)
were routinely targeted. The death of Tichaona Chiminya particularly
affected MDC supporters, as he was well known in the community. Mr. Kutiya
stated that MDC supporters were, ‘gripped by the utmost terror. They showed
reluctance with anything to do with the MDC’ after the deaths in Buhera
North. In addition Mr. Kutiya testified that many MDC members didn’t vote
out of fear. As an election agent, he was able to see the voter’s roll and
identify people who did not vote. A large percentage of them were MDC
members, he told the Court.

Ø Mrs. Erica Nyaunde testified that she was a victim of harassment by ZANU
(PF) supporters and members of the ZRP. She was awoken in the middle of the
night by a policeman and asked if she was leading MDC youth. She was then
accused of being a ‘child of white people’ for supporting the MDC. The
policeman then urinated in her room. She reported the incident to the
municipality but was told it would be better if she left her home for her
safety. Later on, her home was set on fire and she sustained at least
Z$100,000 damage to the contents of the house alone. She stated that three
men were arrested for the crime but were released within 24 hours.

Mrs. Nyaunde further testified that the election was not free and fair
because the MDC could not campaign out of fear, particularly after the
deaths of Tichaona Chiminya and Talent Mabika. She said that Mr. Chiminya
was well known in the area for campaigning on behalf of the MDC and news of
his death spread throughout the community quickly. She also testified that
ZANU (PF) intimidation was constant and that their youth were offered $150
for every MDC t-shirt they produced. The MDC could hold only a few poorly
attended meetings after the intimidation started and their overall ability
to campaign was severely hampered, she argued.

Mrs. Nyaunde was also a victim of harassment stemming from her willingness
to be a witness in the election petitions. She told the Court that on 17
April, three men followed her into a phone shop. One man, who she could
identify only as ‘Douglas’, was wearing a ZANU (PF) t-shirt. Mrs. Nyaunde
had gone to the phone shop to make a call about a check she was trying to
cash. Douglas produced handcuffs and told her that she would ‘cash her check
at the cemetery’. The men also said, ‘you gave us problems and your name is
among 68 going to the High Court’. A policeman was then called who escorted
her to the terminus.

Status of Cases
Makoni East has been suspended indefinitely because of the availability of
the advocates but it is expected to start in the middle of this week.
Makoni West has adjourned until May 14th. Justice Devittie was supposed to
hear the Zaka West case next but the advocate for the MDC, Andrew Mugandiwa,
has asked for an indefinite extension to gather more evidence. The Chinhoyi
decision should be announced this week as well.

Constituency Case Status Ruling Appeal
Buhera North Tsvangirai vs. Manyonda Completed MDC To Supreme Court
Chinhoyi Matamisa vs. Chinyangwa Completed Pending
Chiredzi North Mare vs. Chauke Completed Pending
Gutu North Musoni vs. Muzenda Withdrawn
Hurungwe East Chadya vs. Marumahoko Completed MDC To Supreme Court
Kariba Sigobole vs. Mackenzie Withdrawn
Makoni West Makuwaza vs. Mahachi Reconvenes 14/5 Pending
Mutoko South Muzira vs. Muchena Completed MDC To Supreme Court
Shurugwi Matibenga vs. Nhema Completed ZANU (PF)
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
Email: [email protected]
Telephone: 792222