15 Witness, Mavangira recounted how Zanu (PF) supporters told people that the ruling party had installed mechanical devices to detect how individuals voted and would therefore find out who voted for the MDC. Anyone found to have voted against the ruling party would have to deal with dire consequences, perhaps, even death. Mavangira said that most elderly people believed this claim. Virginia Mabika, Mavangira’s wife, was forced to attend a Zanu (PF) rally where she was isolated from the crowd and threatened with assault. Zanu (PF) supporters ransacked her house, confiscating $3000 and an MDC manifesto. Chiremba, the co-coordinator for the MDC campaign in Buhera North, received several death threats after the deaths of Chiminya and Mabika. HE recounted how Zanu (PF) supporters told people that computers can and will be used to learn how individuals voted. The Response Again, as in the Hurungwe East Petition, the respondent in his testimony did not controvert the essential details of events recounted by the Petitioner’s witnesses. He simply denied any personal wrongdoing, and dismissed any alleged connection with the perpetrators of violence or intimidation in Buhera North constituency. The Result In the end, Devittie, decided to try and answer two questions from the evidence brought before him: 1) Was the respondent personally, or through his agents, guilty of corrupt practices? And 2) was there general violence and intimidation in the constituency? An important determination central to the decision making process was who, in fact, were or were not agents of the respondent. Were the perpetrators of the violence and intimidation recounted in the above evidence “agents” of the respondent? If the perpetrators of violence were proven to have acted on behalf of the respondent, but not proven to have been instructed by him, would the issue of agency fall away? Judge Devittie sought to inform his interpretation of the concept of agency by looking at the evidence, particularly, of the deaths of Chiminya and Mabika. He found that: The persons who killed Chiminya and Mabika drove a cream colored Nissan with the inscription “Zanu (PF) Manicaland Province.” The registration number was provided. Persons who were in possession of this vehicle earlier that day threatened and manhandled war veteran and MDC supporter Mukose at New Gift Shop. At all times, this vehicle was under the control of the respondent, to whom the vehicle was assigned to for the purposes of the campaign. The respondent’s campaign manager was responsible for allocating the vehicle to various persons for the purpose of the Zanu (PF) campaign in the constituency. The respondent obtained the keys to this vehicle after the incident, he claimed, from his personal driver. The vehicle was parked in front of Kitsiatota’s shop in Gaza for the duration of the investigation. Kitsiatota was seen on the day of the killing in the same vehicle with the perpetrators of Chiminya and Mabika’s deaths. Three days after his arrest, Kitsiatota returned to Gaza using the same vehicle. He used the vehicle throughout the duration of the pre-election period, for the purposes of assisting the respondent in his campaign. AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.

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