9
4.
Status of Cases
The full status of the petitions is given in Appendix A.
Completed Election Petitions
Fifteen election petitions were completed by January 2002; there were verdicts in 10 petitions.
Five election petitions were still waiting for a verdict: Goromonzi, Makoni East, Mberengwa
West, Mount Darwin South, and Murehwa North. The Makoni West election petition was
completed but did not yield a verdict due to the death of the Zanu (PF) Minister of Defence,
Moven Mahachi, in an auto accident in May. A by-election was conducted in Makoni East in
2001.
Postponed Election Petitions
Following an order handed down by Judge Vernanda Ziyambi, the verification of all voting
materials in Marondera East, including a recount of all ballots, began in May. Despite this order,
the Registrar-General failed to deliver all twelve ballot boxes on time, forcing officials to rush back
to Marondera to fetch the seven boxes that had been left behind. Upon examination, postal
ballots from Chikomba had been discovered with the Marondera East ballots. ZANU (PF) blamed
human error. The case was postponed.
Withdrawn Election Petitions
Judge Rita Makarau dismissed the Chivi North case because MDC candidate and petitioner
Bernard Chiondengwa, did not appear in court on the opening day of the case. Judge Makarau
had ruled that, if within three weeks the petition was taken on by a voter in the constituency or
another person representing Chiondengwa, then the petition could move forward; however no
one came forward. MDC candidate in Zaka West Charles Musimiki withdrew his petition against
ZANU (PF) MP Jefta Chindanya. Newspaper reports stated that Musimiki has left the MDC and
rejoined ZANU (PF). He was quoted as saying that he was frustrated with the MDC’s lack of
commitment to individual constituencies and its land policy. However, MDC Information Secretary
Learnmore Jongwe stated that Musimiki told him he was offered Z$800,000 (US$14,545) and a
job by ZANU (PF) to rejoin the party. Musimiki denied the allegations. The Chegutu, Gokwe
East, Gutu North and Masvingo South petitions were withdrawn without explanation.
Cancelled Election Petitions
Bindura and Chikomba were cancelled because of the death of the respondent in both cases.
Chenjerai Hunzvi, Zanu (PF) candidate in Chikomba, and the leader of the war veterans’
association who supported the use of violence died in May after a bout of malaria. Border Gezi,
the Zanu (PF) candidate for Bindura, a member of the Zanu (PF) politburo and the Minister for
Gender, Youth Employment, Education, perished in a car accident in May. By-elections were
held in both of these constituencies in September 2001.
Constituency Descriptions
All nine provinces in Zimbabwe experienced violence during the pre-election period to varying
degrees. The following is a breakdown of constituencies by province of the election petition
cases that the MDC brought to the High Court. (For a detailed listing for each of these
constituencies, including voter turnout and results, please see Appendix B.)
Harare
Manicaland
Mashonaland Central
Mashonaland East
Mashonaland West
Masvingo
Matabeleland North
Matebeleland South
Midlands
0
3
7
8
4
7
0
0
9
AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.