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The final charge of pre-election violence and intimidation was also dismissed. What little evidence
that was led by the petitioner to this effect, did not personally implicate the respondent or his
agent. Testimony that the respondent’s vehicle was involved in acts of intimidation was
unsubstantiated. The petitioner claimed to have noted the registration number of this vehicle, but
never brought this information to the attention of the court, even when it was requested.
The petitioner relied on the fact that he and his campaign team were excluded from commercial
farming areas, where war veterans or farmers had refused them entry. Neither potential voters
on these farms, nor farm owners, were brought to court to testify that there was violence or
intimidation on commercial farms, or to verify that farms were no-go areas for MDC supporters.
Furthermore, because Chinhoyi is largely an urban constituency and no evidence showed that
violence and intimidation occurred in urban areas, Garwe concluded that violence did not
permeate the community to the degree that could reasonably affect the result of the election in
Chinhoyi constituency.
AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.
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