Zimbabwe Parliamentary Election Challenges Newsletter

The Zimbabwe Human Rights NGO Forum – May 21, 2001, v. 12

In a letter written to President Mugabe that was made public on March 8, Judge Devittie stated, ‘I find myself unable to justify my continued stay on the bench.’ Devittie denied reports that he had been offered a job overseas but the independent media has speculated that he has stepped down due to threats stemming from his nullification of three ZANU (PF) seats in Parliament. Devittie’s resignation will take effect 30 November but he will take leave on 31 July. The High Court announced that he would not be permitted to hear any more election challenges. No judge has yet been assigned to take over his 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’

Description of Events in Each Constituency

Chiredzi South

Mr. Patrick Tsumele, MDC MP candidate
Vs.
Mr. Aaron Baloyi, ZANU (PF) MP

Results: Voter Population: 46,879 Votes Cast: 18,819 Spoilt Ballots: 0
Baloyi: 6,414
Tsumele: 11,611

Assaults

· S. Mbiza, the MDC campaign manager for Patrick Tsumele, and colleagues Patrick Tsumele, Ishmael Takuwa, James Hlungwe and two others were assaulted at Chilonga Business Centre on June 8, 2000. The men remained in their car while Mbiza went into a store to buy food. Upon leaving the shops Mbiza found the car doors open and war veterans (including Mbiza’s cousin, Benjamin) taking and destroying the MDC pamphlets that were being distributed around the shops. The war veterans ordered Mbiza and his colleagues to remove their MDC t-shirts or risk getting the car torched. Tsumele ordered everyone to remove their t-shirts in order to save the vehicle.
After approaching his cousin in an attempt to diffuse the situation, Mbiza was attacked. War veterans held him by the neck and choked him as others forcibly removed his t-shirt. As he tried to release the grip around his neck, Mbiza was hit on the back of the head with an empty bottle. He was dragged into a bottle store where his cousin, Benjamin assaulted him with a whip. He was then taken out of the shop and ordered to lie on his stomach in front of the public. At this time, his colleagues drove away to prevent the war veterans from destroying the vehicle. While lying on the ground, Mbiza was slashed five times with a whip and kicked in the face until a war veteran came to stop the assault. Mbiza was taken back into the shop where he was told that he would be stabbed and killed because his colleagues had returned with weapons. The war veterans told Mbiza that they were to receive firearms soon from ZANU (PF), which they would use to murder him and his children. After being forced to chant a ZANU (PF) slogan, Mbiza was released. He received medical treatment as a result of the injuries he sustained in the attack.

· On June 12th, S. Mbiza and Jabulani, the organizing secretary for the MDC, were stoned as they rode on a motorbike. They managed to capture one of their assailants whose name is ‘Aaron’. According to court testimony, John Kayala, a ZANU (PF) supporter, struck Jabulani with a chain. However, when he tried to attack Jabulani again, Aaron was pushed at him causing both Aaron and Kayala to fall to the ground. At this point, Mbiza and Jabulani managed to escape and hide behind some trees, only to watch Kayala and others destroy their motorbike. After the bike had been destroyed, the assailants ran back to Mr. Baloyi’s home, where they were allegedly staying.

· S. Mbiza was stoned as he and Jabulani drove past the post office, about a week after the motorbike incident. Mbiza tried to identify the assailants by illuminating the vehicle lights toward the side of the road but was unsuccessful.

· John, an MDC organizing secretary, was approached by CIO members Chiyangwa, Chale, and Mutisi and ordered to enter their vehicle. John was abducted, assaulted and detained in a cell for five days at Chikombedzi Police Station. In an interrogation led by Sergeant Verengera, John was unable to reveal the whereabouts of MDC candidate Patrick Tsumele and was assaulted with meter-long sticks and a chain while his hands and legs were bound. When the officer-in-charge arrived, John was untied and returned to his cell. John was taken to the Magistrate’s Court in Masvingo where he was denied bail and remanded to prison for four more days. He was finally granted bail and released a day before voting was to begin.

· On June 15, 2000, MDC supporters allegedly disrupted a ZANU (PF) meeting in the Chiredzi South constituency by stoning those who were participating in the gathering.

· On June 16, 2000, Maria, a housemaid for ZANU (PF) MP, Aaron Baloyi, was struck on the head with a rock after MDC supporters surrounded the home and began attacking it with stones. As she ran from the kitchen into the dining room, she was struck on her chest. The MDC supporters damaged the house, smashed the windows and damaged the car. The assailants ran away when the ZRP arrived and Baloyi took Maria to the hospital for treatment. Because she feared another attack, Maria resigned from the Baloyi household.

· Liza, a non-partisan villager, was assaulted on the morning of June 16, 2000. On her way to the grinding mill she saw a group of people moving towards Baloyi’s home, which she heard was being attacked. As she saw the same group of people running away from the house, Liza also tried to run but was hit on the back of the head with an empty bottle. She had to go to the hospital for treatment.

· Morris Chishonge, a war veteran who works at Chikombedzi Hospital, alleged that MDC supporters stoned ZANU (PF) supporters at a ZANU (PF) meeting on June 15, 2000. They then barred anyone but MDC supporters from receiving treatment at the hospital and threw a tear gas canister at ZANU (PF) supporters who were waiting outside.
On June 16, Chishonge was stoned as he rode his bicycle to work. He abandoned his bike, and as he ran away he was struck with a stone on the back of the head. Chishonge sustained a wound that later needed three stitches.

Threats and Intimidation

· S. Mbiza testified that he was arrested and detained for no reason on June 16, 2000 by Sergeant Verengera and a member of the CIO. After being interrogated about the whereabouts of Patrick Tsumele, Mbiza was driven by members of the CIO, including one called Chiyangwa, to Tsumele’s home and ordered him to open the door. Tsumele was nowhere to be found. Mbiza was detained further, taken to the Magistrates Court and granted bail of $1000.

· Sergeant Verengera summoned John, the branch-organizing secretary for the MDC, in June. John was asked why he had not yet registered to vote. He was ordered to remove his MDC t-shirt and forced to register. John was told that support for the MDC was wrong and was shown Verengera’s pistol. Verengera then ordered John to participate in ZANU (PF) meetings from then on.

Property Damage

· ZANU (PF) MP Aaron Baloyi estimated the damage caused by an MDC attack on his home on June 16th to be about $60,000. About $72,000 is needed for repairs on his vehicle, also damaged in the attack.

ZANU (PF) Response

Aaron Baloyi told the High Court that he was not aware that war veterans were assaulting MDC members. He only knew that war veterans were spearheading land redistribution by occupying white-owned farms. Baloyi said that he should not be held accountable for the actions of ZANU (PF) youth who may or may not have been violent in the pre-election period because he never gave them any orders as such. He denied that he was housing, feeding and sponsoring violent-minded ZANU (PF) youth. Instead, he accused the MDC of staging a violent campaign in June and pointed to the damage to his home and car as a clear example of this. Baloyi refuted the MDC allegation of widespread violence, claiming that violence was imported by “foreigners” and only occurred between June 12 and June 16, 2000. He denied removing MDC posters. However, if it was true, he stated that he was against the idea of overturning an election over the removal of a few posters.

Makoni West
Mr. Elisha Remus Makuwaza, MDC candidate
Vs.
Mr. Moven Enock Mahachi, ZANU (PF) MP and Minister of Defense

Results: Voter population: 42625 Votes Cast: 20641 Spoilt Ballots: 362
Mahachi: 11138
Makuwaza: 7356

Assaults
· Mrs. Chinamasa, a witness for the respondent, told the Court that MDC supporters beat her at her home on April 16, 2000. She sustained injuries to her wrist, back shoulder, waist and lower lip. At the time of the attack she was also pregnant and claims that her child now has difficulty hearing as a result of her assault. The assailants also took her ZANU (PF) card and said that they came to tell everyone to ‘change’. She mentioned Charles Tamba as one of her assailants. In cross examination she refuted claims by the petitioner’s attorney that Tamba could not have beaten her because he was severely beaten himself by ZANU-PF supporters on April 12, 2000. Mrs. Chinamasa testified that she told Minister Mahachi about the event but was referred to the ZRP.
· A female witness testified that MDC activists also beat her on April 16, 2000. She identified some of her assailants as ‘Douglas’ and Charles Tamba. The assailants apparently entered her home and then uttered both an MDC slogan and a ZANU (PF) slogan. She did not respond either time. According to her testimony she argued with her assailants for about 20 minutes and was then dragged, slapped and kicked. She estimated that about 35 people were in this group. She further testified that she was repeatedly thrown to the ground while her attackers chanted MDC slogans and said they came to get a human head. The petitioner’s attorney again argued that Tamba was seriously beaten by ZANU (PF) activists four days earlier and could not have taken part in the attack. The witness’ homestead is next to Mrs. Chinamasa’s home and the two met after the incident.
· Witness John (last name not available at press time), the local ZANU (PF) chairperson, testified that he was returning home from a fishing trip when he was approached by MDC youths. The group was wearing MDC t-shirts and carrying knobkerries. Not knowing who he was, the group asked directions to the house of the ZANU (PF) chairperson. John pointed to his own house but walked to a neighbor’s for safety. When his assailant’s realized who he was they chased him into a homestead and threw rocks at the house, telling him to come outside. John was then forced outside, punched and hit with wire. He thought Charles Tamba was one of his assailants but he couldn’t be sure. Judge Garwe allowed the witness to remove his shirt to show the Court several small scars he had from the incident.
· Witness Writing Chimegia testified that MDC supporters also assaulted him on April 16, 2000. A group of about 30 men wearing MDC t-shirts chased him into his house and called for him to come out before they threw stones. The assailants forced open the door and dragged Mr. Chimegia outside. The witness testified that he was then punched, kicked and beaten with firewood until unconscious. The witness removed his shirt to show the Court his scars from the beating.

Status of Cases
Makoni East has been suspended indefinitely but is likely to begin after Makoni West finishes. Judge Garwe is hearing witnesses for the respondent in Makoni West this week. Judge Ziyambi is currently hearing Marondera East. The High Court has not as yet announced who will take over for Judge Devittie who is ceasing his involvement in the election petitions ahead of his resignation.

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 Pending
Chiredzi South Tsumele vs. Baloyi Completed Pending
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 In Progress
Masvingo South Rioga vs. Zvobgo Withdrawn - -
Mutoko South Muzira vs. Muchena Completed MDC To Supreme Court
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.
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