Zimbabwe Parliamentary Election Challenges Newsletter June 18, 2001, v. 16

The Zimbabwe Human Rights NGO Forum – June 18, 2001, v. 16

Mutasa made no statement while intimidating him but the MP threatened him on a weekend break from his testimony.

Muchauraya alleged that Mutasa was among a group of ZANU (PF) supporters that surrounded a handful of MDC supporters in Rusape on Sunday. Muchauraya was in a lorry that was carrying MDC local leadership to a meeting. When they saw the crowd, they drove down the road to pick up other MDC supporters. At this point it is alleged that Mutasa started driving behind them brandishing a firearm out the window. He followed them to the Rusape police station where they went to make a report.

Once at the police station, Mutasa waited behind the lorry while the witness went inside accompanied by Thomas Bundo and Nation Kwete. They attempted to give a statement to the officer-in-charge, Lovemore Musire, however he refused to help and referred them to the Commanding Officer. The Commanding Officer refused to give his name and also refused to help them. “Mr. Matasa is very close to the President,” he said. “There is nothing I can do about it.” He continued, “I advise you to cancel the meeting because if you die you would die for nothing. Since we’ve already advised you, no one will be arrested.” The men were not able to make a formal complaint.

After exiting the police station, they walked back to the lorry to find Mutasa still parked behind them with his weapon. They drove south to the Mutare-Harare highway while still being threatened and stopped at the Balfour Hotel. Muchauraya then called out, “Mr. Mutasa, it would be better for you to shoot me and not all these other persons because they have not done anything wrong.” Mutasa then drove off towards Mutare while the lorry took a circuitous route back to Rusape. The witness also testified that he was told that Shadreck Chipanga, ZANU (PF) MP for Makoni East and respondent in the case, was present at the initial gathering of ZANU (PF) supporters in Rusape.

Overview for June 11h – June 15th

Judge Ziyambi was expected to begin hearing the Murewa South case on June 14th, but the case was postponed until Monday, the 18th. Judge Garwe continued hearing the Makoni East case last week in which the petitioner, MDC candidate Nicholas Mudzengerere, testified that intimidation and violence occurred throughout Makoni East. This election was extremely close, and even after the High Court nullified the original result and ordered a recount, the result was a vote differentiation of only 69 votes.

There are two new developments concerning High Court judges who will hear election petition cases. As was reported earlier, Judge DeVittie has resigned and is no longer hearing cases. It was announced that Judge Hlatiwayo will replace him, and he is set to begin hearing his first case on 2 July. It has been said that Judge Garwe, who recently was appointed Judge President of the High Court, will no longer hear election petition cases after the Makoni East case has finished. Judge Makarau will preside in his stead, but there has been no announcement regarding her start date. Judge Ziyambi will continue to hear election petition 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’

Descriptions of Events in Each Constituency

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

Abductions

Ø Nicholas Mudzengerere, the petitioner and MDC candidate testified this week. He described the abduction of two MDC youth members. On 9 May 2000, Mudzengerere arrived in Rusape from Harare with MDC T-shirts for Jameson Mairchu and Brian Tonderai to distribute at a meeting that afternoon. Mudzengerere, Felix, (another MDC member), and the two young men began walking to the venue of the meeting. Mudzengerere and Felix crossed the road, but the two young men waited to cross because of oncoming traffic. Felix and Mudzengerere heard some commotion and turned to see the two youth being forced into a white defender vehicle. The vehicle turned and drove off as Felix and Mudzengerere approached. Witnesses told Mudzengerere that it was a ZANU (PF) vehicle. Mudzengerere sent word to Pishai, his coordinator, to cancel the meeting since the youth had been abducted. The two young men were set free later that afternoon and identified Chipanga as being present in the car during the abduction.

Tonderai elaborated further on his experience in the narrative of the medical report. He said that both men were beaten with iron bars all over the body, and threatened with death for supporting the opposition party. They were both taken to Mucheke River where 12 ZANU (PF) supporters threatened to throw them in. Tonderai experiences chronic pain in the shoulders and the middle of his spine.

Assaults

Ø Mudzengerere testified that in Rusape, after the beginning of April, people began to be assaulted more frequently. A female MDC member’s house was set on fire and she was beaten.

Ø Witness John Hwenhira testified that ZANU (PF) supporters assaulted him on 9 April 2000. He was assaulted around 3 p.m. in full view of a crowd but was not aided. He was injured all over his body but especially on his right arm. Initially, he sought medical treatment, but was refused because he did not have a note from the police. Two days after the incident he was able to seek medical attention at a clinic where he was given painkillers and referred to Rusape General Hospital. He did not have money for either treatment or bus fare so he relied on his painkillers.

Ø On Wednesday, 12 April, Mr. Hwenhira was again assaulted when he was drinking a soda at a beer hall with friends. He heard a commotion outside and went to investigate. There he was struck on the neck by ZANU (PF) youths and fell to the ground. The gang of youths robbed him of $500 and some MDC membership cards. He then sought medical attention at a clinic but the nurses told him to go to the police. Police later took him to the hospital where his right forearm was set in a cast. To this day he still has not regained full motor control in his right arm.

Ø During his testimony, Pishai Muchauraya, Makoni West’s MDC constituency coordinator, made reference to several MDC members who had been assaulted by ZANU (PF) supporters.
· One man was severely injured on his thigh.
· MDC member David Sundai was taken from his home, beaten, assaulted with a knife, and thrown into a dam. He was then taken to the bush where he was beaten further. Medical assessments note that he experiences chronic chest pains as a result of his injuries.
· Cuthbert Chiwenga, an MDC chairman, was forced to flee to Harare. ZANU (PF) youth went to his home on two occasions when he was not there and told his wife that they didn’t want him to live there. They said that if he were to live there and carry out MDC activities, they would kill him.
· An MDC member was stabbed in the head with a spear by a ZANU (PF) supporter.
· Another man was beaten by ZANU (PF) supporters and received bruises on his face and back, and received cut to his right ear. The injured man identified one of his assailants as well known ZANU (PF) commander who operated from a ZANU (PF) base in Makoni East.

Threats

Ø Professor James Mujaji, a polling agent for the MDC, testified that at 8 a.m. on Election Day, he was barred from entering the polling station to which he was assigned because he was not identified as being an official. Two hours later Chipanga, the ZANU (PF) candidate, arrived at the polling station and addressed people waiting in queue to vote. He said that he hoped that they possessed ZANU (PF) membership cards and that if people voted for the MDC, they would be returning the country to the whites. He also said, “no one should run from their father because he had failed the family”. Mujaji interpreted this as a reference to Mugabe. Mujaji testified that an associate of Chipanga, who arrived in the car with Chipanga, approached Mujaji, grabbing him by the arm. He said, “For us to be agreeable, you must follow what I’m going to tell you.” He made Mujaji say, “Down with Tsvangirai.”

Ø Mujaji described an incident that took place on 12 April, in which he and several MDC supporters were chased by ZANU (PF) supporters. Traveling home from a meeting in the communal lands, they saw Chipanga’s vehicle, a blue Nissan twin cab driven by Lloyd Chipunza, traveling fast behind them. When Mujaji and his friends stopped to let some people out of their vehicle, Chipanga’s vehicle drove in front of their vehicle and blocked them. Mujaji identified two others – Tedious Chepere, and Lloyd Shuma, who disembarked from the vehicle. Chepere was armed with an iron bar and Shuma with a hoe handle. Mujaji and the others in the vehicle managed to drive away and went to the police station. Police met them at the gate and asked them why they were traveling so fast. When they explained, the police decided to find the blue Nissan. However, the blue Nissan arrived at the police station with Chipanga driving. Chipanga talked to the police in the charge office but Mujaji did not hear what he said.

Ø Simeon Tsuro also gave testimony about the incident on 12 April. He said that he, Mujaji and other MDC members were campaigning in Makoni West and saw a blue Nissan traveling fast behind them. The Nissan drove in front of them and blocked their path, and he too, recognized Chepere and Shumba, who were wielding weapons.

Ø Tsuro described an incident in which he was watching television in his home when he heard a knock at the door. He saw man named Gambe inside the gate and Gambe’s vehicle parked inside the gate. Gambe told him the reason that he called was that he didn’t want Tsuro to campaign for MDC. He said, “If you continue campaigning for MDC, we will kill you.” Tsuro was shocked, and could only manage to say, “Ok.” Tsuro believed Gambe, because a few days prior, he had attended the funeral of Chiminya, who had been killed by a petrol bomb. Tsuro said that he no longer campaigned openly for the MDC out of fear. He said that as a result of the death of Chiminya, MDC supporters would no longer openly identify themselves as MDC.

Ø Nicholas Mudzengerere, a longtime trade unionist, is also a founding member of the MDC, and a member of the MDC’s National Executive Committee. He was responsible for MDC activities in Manicaland, of which Makoni East is a constituency. Mudzengerere was responsible for educating people about the MDC and about the shortcomings of the government. He assisted people in choosing candidates for the June election, would supervise efficiency of the campaigns, and make reports to the National Executive Committee on the status of activities in Manicaland. He described Manicaland as a diverse constituency, made up of urban areas, resettlement land, and both communal and commercial farm areas. He noted that there was a significant change in Makoni East after the referendum was voted down. War veterans began to invade commercial farms, and barred MDC from accessing farms and talking to farm workers. People began to be assaulted and threatened.

Ø Before the end of April, the MDC had conducted several meetings, with attendance ranging from 800-1,000 people. The MDC was unable to hold meetings after the end of April. Meetings would be called, but people were chased away by ZANU (PF) supporters, resulting in the cancellation of meetings. The majority of the voters voted ‘no’ in the referendum, and many supported Tsvangirai. On 21 March, Mudzengerere was at a shopping center with supporters who were singing songs praising the MDC. Mavera, a CIO member, and a prominent member of ZANU (PF) arrived and ordered people to stop singing, but the singing continued. Mavera drew a gun and threatened to shoot them if they kept singing. Mudzengerere emerged from the shops upon hearing that Mavera had a gun. Mudzengerere asked him what he was doing with the gun. Mavera said to him, “Had it not been for you, Mudzengerere, I would have shot all these children today.” Mudzengerere told everyone to leave now that it was unsafe.

Ø On 25 March, the MDC called for a meeting in a resettlement area. About 200 people gathered. As Mudzengerere was addressing the crowd, a lorry full of ZANU (PF) supporters, armed with sticks and switches, singing ZANU (PF) songs, disembarked from the lorry and approached those who had gathered. Mudzengerere realized people were in danger and decided to end the meeting. As Mudzengerere drove away, the lorry began to follow them for some time, but then pulled off onto another road.

Ø On 7 April, a meeting was held at a business center with about 1,500 people in attendance. ZANU (PF) supporters were hiding behind buildings, because as soon as the meeting began, they emerged from behind the buildings and began to sing ZANU (PF) songs. Other ZANU (PF) supporters had placed themselves strategically in the crowd and were also singing. Some of the ZANU (PF) supporters had switches. The songs denounced the MDC, Tsvangirai, and Mudzengerere. Chipanga was there, and also several police vehicles. Mudzengerere told Pishai, his Chairman, to close the meeting because he was afraid of an eruption of violence. Whilst this occurred, the police did not do anything, only standing by their vehicles and watching.

As people began to run away, Chipanga, in his blue Nissan, blocked the path of Mudzengerere’s vehicle. Mudzengerere and his son, who was driving, were able to dodge the vehicle and reach the highway. However, they encountered a roadblock where people armed with sticks had gathered. Fearful of what might occur if they stopped, Mudzengerere’s vehicle drove through the blockade.

Ø Mudzengerere related another incident in which he went to a farm to educate farm workers and introduce himself as the MDC candidate. Shortly after, war veterans arrived and Mudzengerere got into his vehicle and left the farm, aborting the meeting.

Ø Mudzengerere spoke of Tichaona Chiminya, who had campaigned for him extensively throughout Makoni East. After Chiminya’s death, the MDC no longer held rallies at resettlement and communal areas because of safety reasons. People told Mudzengerere that they would no longer vote because they were afraid. Mudzengerere said that most voters did not vote because of threats.

Ø Pishai Muchauraya testified that after the violence became more frequent, the police held meetings with both MDC and ZANU (PF) supporters in an effort to curb the violence, and urge the parties to campaign in peace. One of the ZANU (PF) leaders at the meeting, Mutasa, said, “You MDC boys take the police as your mother – if you’re struck with an open hand you go to the police….If you wear an MDC t-shirt, I’ll call my scorpions and they will bite you.” The police did not react to these statements.

At a subsequent meeting hosted by the police, the officer in charge told MDC members, “You’ve already started violence – aren’t you MDC people ashamed? Go away. If you are assaulted, don’t rush here.” At another meeting, when the MDC brought up the murder of Chiminya, ZANU (PF) members became angry, saying that it “was an offense to say the ZANU (PF) had killed your member,” and “why are you doing push-ups in front of war veterans? We will assault you until you tire of it.” Pishai testified that these meetings called by the police did nothing but fuel the violence. It gave ZANU (PF) supporters the opportunity to identify MDC members who had reported them to the police.

Intimidation

Ø Pishai Muchauraya testified that from his perspective, people wanted change and the MDC was well-received in the communal lands and urban areas. He became the secretary of Makoni East, West, and North, and his responsibilities were to publicize the party, keep a record of all structures that had been formed, and to keep track of membership through his database. In Makoni East, 20,000 people had purchased MDC membership cards. Pishai also participated in voter education and registration. He noted that enthusiasm for the MDC began to wane in March when people began to be assaulted and threatened. He held meetings in Rusape until 4 April, when he learned that in Makoni North, a prominent MDC member had been assaulted. Attendance at meetings was reduced and it became harder to hold them at all.

This situation was replicated in the communal lands, resettlement areas, and commercial farms. In communal farm areas, people were accused of “selling out”. (The population of the communal farms constituted 1/3 of the membership of MDC in Makoni East.) This phrase has a critical connotation in these areas. During the liberation war, those who were considered “sell-outs” were killed because of perceived collaboration with the Rhodesian Army. People who talked of the MDC now were labeled “sell-outs”. Red clothing was identified with sell-outs, because of red MDC membership cards and red card that was pictured on MDC t-shirts.

Ø Pishai Muchauraya described his interaction with Mrs. Masenda, the wife of a deceased MDC Chairman, had agreed to carry on MDC activities after his death. However, when she heard about Chiminya’s death, she refused, out of fear, to be involved in the MDC any longer. Muchauraya made further reference to Chiminya, whom he had known since late 1999. He said he was a popular MDC leader, a very hard worker, and many in the constituency knew him. When people heard of the circumstances of his death, people became markedly nervous.

Ø Pishai Muchauraya explained to the court that on a few occasions, ZANU (PF) supporters came to his home in a lorry and chanted: “Pishai, you will remain alone, and tomorrow you will cry”. Pishai interpreted this to mean that MDC supporters were being dealt with, and they will deal with him last. He fled to Maswera farm before the elections and was forced to leave his family behind.

Ø Pishai Muchauraya described the incident of 25 March that Mudzengerere also spoke of in his testimony. Pishai was present at the shopping center, and testified that Mavera told the singing MDC members to “Shut up. You’re being used by Tsvangirai. I’ll kill someone.” Pishai also described the meeting on 7 April that Mudzengerere spoke of. Pishai said the ZANU (PF) supporters’ songs were denouncing Tsvangirai, Mudzengerere and the midwife who assisted in his birth. One ZANU (PF) supporter spat at police. However, the police did not do anything when the ZANU (PF) supporters disembarked form the lorry with weapons.

Interference with the Electoral Process

Ø John Hwenhira testified that many MDC supporters failed to cast their votes because of the threat of assault. The electorate was told that ZANU (PF) could detect their vote by the use of ‘gadgets’. The witness testified that many constituents are elderly people on farms who are unsophisticated or illiterate. The witness also testified that the death of MDC campaign worker Tichaona Chiminya in the nearby Buhera North constituency made MDC supporters in Makoni East fearful because they knew him well from his campaigning.

The witness further testified that the respondent, Mr. Chipanga, saw him on the day of the vote and told him that he would be killed if he voted. Nonetheless the witness cast his vote and said that the actual voting day was peaceful.

Ø Pishai Muchauraya testified that the resettlement areas bore the brunt of the violence, and he illustrated its effects by providing the following numbers for three areas.

· In the first area, the MDC had 510 supporters. 474 voters cast their ballots; 95 voted for MDC;
· In the second area, the MDC had 997 supporters. 337 voters cast their ballots; 73 voted for MDC;
· In the third, MDC had 701 supporters. 112 voters cast their ballots; 21 voted for MDC.

Pishai knew that most MDC supporters who had bought MDC membership cards were registered to vote. Appearing on the back of the MDC cards, there is a voter registration form for people to fill out and return if they have not already registered. Pishai visited 31 polling stations during election time: on the first day of voting, many people with registration slips were not allowed to vote, including Pishai. After the election, MDC members showed Pishai their voter registration slips – about 400 people – and were very surprised that the MDC had lost the election. Pishai said that after the initial count was nullified by the High Court and a recount was done, the vote differentiation was even less - only 69 votes.

Ø Muchauraya testified that voters were told that their vote would not be secret. According to his testimony, MDC supporters were told that there was no distinction between the party ZANU (PF) and the government. They were also told that the government made the ballot boxes and printed the ballot papers and had devised ways of monitoring each voter’s ballot. It was implied that those who voted for the MDC would be attacked.

Ø Muchauraya testified that voters were told that their vote would not be secret. According to his testimony, MDC supporters were told that there was no distinction between the party ZANU (PF) and the government. They were also told that the government made the ballot boxes and printed the ballot papers and had devised ways of monitoring each voter’s ballot. It was implied that those who voted for the MDC would be attacked.

Status of Cases

Makoni West has effectively ended due to the death of the respondent, Minister Mahachi. Judge Garwe hasn’t given the official word whether the Chikomba or Bindura election petitions will also be discontinued as a result of the recent deaths of both respondents in those cases. Makoni East has been postponed until 9 July.

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 Completed No ruling
Marondera East Munhenzva vs. Sekeramayi In Progress
Masvingo South Rioga vs. Zvobgo Withdrawn - -
Murewa South Nezi vs. Matisa Postponed
Mutoko South Muzira vs. Muchena Completed MDC To Supreme Court
Seke Chiota vs. Mutasa Postponed
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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