21 The respondent put forward eight witnesses, four of which described an incident on 22 June 2000, in which MDC supporters assaulted them. However, none of the particulars were detailed in Ziyambi’s opinion. The Result Ziyambi finds that violence and intimidation did in fact occur in Zvishavane constituency in the run up to the June 2000 parliamentary election. Particularly Ziyambi acknowledges that violence occurred against MDC supporters at Mushaya Business Centre, and at three various localities where MDC supporters assaulted Zanu (PF) members.xxi However, the judge chose to narrowly interpret the Electoral Act. Because she finds that none of these acts of intimidation, violence or corrupt practices satisfactorily implicate the respondent or his express agent, such instances of violence and intimidation could not legally unseat an elected official. Furthermore, Ziyambi is not fully convinced that the violence had permeated the constituency to the degree that unduly influenced the election. In her opinion, she relies on case law that states, “Not all riotous behaviour will render an election void….sporadic assaults and acts of intimidation will not justify the setting aside of an election.”xxii In any event, Justice Ziyambi found the petitioner’s witnesses unreliable, giving evidence that in her view was uncorroborated or vague. Individuals accused of perpetrating violence were not served with the petition, and were never given an opportunity to controvert the allegations levied against them. Ziyambi consequently makes no finding against them. 5.6 J. Ziyambi: Chiredzi North Mr. Moses Mare, the petitioner in this case, sought to set aside the election of the respondent, Mr. Elliot Chauke, on the grounds that the respondent and his campaign manager, war veteran Boniface Mutemachani, conducted a pre-election campaign using violence, intimidation, harassment and threats aimed at dissuading and coercing, the Chiredzi North electorate from voting for the opposition in the parliamentary elections of June 2000. Members of the Mujaji, Mavheneka and Chauke families recounted how they or their family members were severely assaulted with sjamboks, knobkerries, whips and sticks. The Chauke homestead was razed to the ground, while Mavheneka’s home was damaged. Both the Chauke and the Mujaji family were forced to flee the constituency. Boniface Mutemachani was implicated in two of these attacksxxiii. There were other acts of violence including: 1) the brutal attack on Richard Nyekwani. Again, Mutemachani was implicated. 2) The attack on Kenneth Mwenga by Mutemachani in May 2000. Mwenga, who appeared in court on crutches, was also attacked on 22 February 2001, prior to his testifying in the petition. Mutemachani, in an attempt to dissuade Mwenga from testifying in court, broke Mwenga’s leg with a pick handle and left him for dead. Property damage and acts of intimidation also occurred. Chademana Sungano and the petitioner had their homes surrounded and defaced, and were consequently unable to remain in their xxi See Ziyambi, J., Zvishavane Election Petition, Justice Ziyambi does not include one iota of detail on the attacks by MDC supporters on Zanu (PF) members. Despite this, in her findings, she accepts that these attacks had been proven beyond a reasonable doubt. xxii ibid, p.30 xxiii It is noteworthy that Mutemachani has been implicated in the perpetration of gross human rights violations subsequent to the General Election. Here see ZIMBABWE HUMAN RIGHTS NGO FORUM (2000), Who was responsible? Alleged perpetrators and their crimes during the 2000 Parliamentary Election period, HARARE: ZIMABWE HUMAN RIGHTS NGO FORUM. AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.