Zimbabwe Parliamentary Election Challenges Newsletter

The Zimbabwe Human Rights NGO Forum – May 28, 2001, v. 13
Zimbabwe Parliamentary Election Challenges Newsletter

Makoni West Respondent, Minister Moven Mahachi, Dies in Car Accident
The Registrar General will automatically call a by-election in Makoni West due to the death of the Minister. At this point, it is unclear whether the election challenge against Mr. Mahachi will go forward. The petitioner had rested and High Court Judge Paddington Garwe was hearing witnesses for the respondent but Minister Mahachi had not yet testified on his own behalf. Legal experts indicate that Judge Garwe has the option of completing the trial or canceling it outright because the respondent cannot answer allegations against him. Judge Garwe has taken holiday until July and a final decision on the status of the case is unlikely to come before he returns.

Judge asks for Trial of Accused Buhera North Killers
Outgoing High Court Justice James Devittie has asked Attorney General Andrew Chigovera to prosecute the alleged murderers of two MDC campaign agents killed in the Buhera North constituency in April, 2000. Devittie heard witnesses in the Buhera North election challenge accuse CIO agent Joseph Mwale and war veteran leader Kainos Zimunya of the murders of Tichaona Chiminya and Talent Mabika by petrol bomb.
Justice Devittie cited Section 137 of the Electoral Act that states that any corrupt or illegal practice discovered in the course of legal proceedings should be forwarded to the Attorney General for prosecution. Deputy Attorney General Bharat Patel was quoted as saying that he had not seen the evidence yet and had no further comment.
If brought to trial, Mwale and Zimunya would be the first persons charged with a criminal act stemming from evidence given in the election challenge hearings. The two men were summoned to answer charges against them during the Buhera North trial but did not come to testify. If tried for murder, the men would not be eligible for the amnesty pushed through last October by President Mugabe pardoning all cases of electoral violence except in the cases of rape or murder.
Judge Devittie has announced his resignation from the bench effective Nov. 31 although he will take leave at the end of July. He has already been removed from presiding over election challenges. It has been widely suspected in the independent press and judicial circles that Devittie, who found for the MDC in three of four election challenges, was pressured into resigning.

Overview for May 21th – May 24th

Judge Ziyambi began hearing the Marondera East election challenge on May 22. In his opening statement, Adrian de Bourbon, MDC candidate Didimas Munhenzva’s advocate, told the court that not only was ZANU (PF) guilty of conducting a systematic campaign of torture during the pre-election period, but that the election in Marondera East was marred by massive irregularities in the electoral process. Some of these irregularities included the inclusion of postal votes (invalidated by a Supreme Court ruling), votes unaccounted for in the final tally, missing ballot books, insufficient time to inspect voter rolls, double voting, discrepancies in vote counts and ballots from Chikomba mysteriously appearing in the ballot boxes after they had been sealed.

De Bourbon presented his first witness, Dr. Inge Genefke, the Secretary-General of the International Rehabilitation Council of Torture, who testified that there was a high incidence of torture in Marondera East during the parliamentary election campaign. She went on to explain that torture has a psychological trickle down effect in society as a whole and politically motivated violence would have had a serious effect on voting patterns within the constituency. Ms. Edith Mushore, ZANU (PF) candidate Sydney Sekeramayi’s advocate, tried to discredit Dr. Genefke and her findings by arguing that Dr. Genefke’s report was hearsay, with references to written works that were declared inadmissible in previous election challenges.

When court resumed on Thursday, De Bourbon argued that since both the Registrar-General and the ZANU (PF) MP had no answer or challenge to the MDC’s findings of electoral irregularities, where over 6,000 votes remained unaccounted for and with a vote margin of approximately 70 votes, the election results should be set aside. Instead, Judge Ziyambi ordered the ballot boxes to be delivered to the court by 10 a.m. Monday, May 28, for a complete re-count of the ballots.

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
Makoni East has been suspended indefinitely but is likely to begin after Makoni West finishes. Judge Garwe is on holiday and will not take up Makoni East or West until at least July. 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
Marondera East Munhenzva vs. Sekeramayi 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.
Address: 1 Raleigh Street, Harare, Zimbabwe
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