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process. In his remarks, Devittie denounces the ruling party’s decision and inclination to use
violent means in campaigning for both the parliamentary elections and its policy of fast-track landreform- which was one the central issues surrounding the election. He states:
I have tried to reach out, as I believe I must, and without success, to considerations that arise
from what men of my generation may perceive, rightly or wrongly, to be in the national interest;
such as, that the achievement of economic and social justice is a process and not an event; and
that the causes that gave rise to the question for economic freedom may not have been entirely
removed. These laudable objectives must nonetheless be pursued within the framework of the
laws of this country. I must therefore uphold the truth even though I sit as a judge of this new
nation state that has emerged from the smoulders of war: violence and intimidation upon citizens
of this country must be condemned without reservation and are deserving of criminal sanction.xvii
5.3
J. Devittie: Buhera North
The main vein of the petitioner’s case in the Buhera North petition was that the respondent, Mr.
Kenneth Manyonda, was part of a conspiracy hatched by the government and ruling party at the
national level to subvert the people’s will and coerce the election. The instrument of this coercion
was war veteran militias and Zanu (PF) supporters whose objective was to terrorize the
population into voting for the ruling party. Therefore, by the petitioner’s submission, these militias
were in fact, agents of Mr. Manyonda.
One thing new in this petition was the production by the petitioner’s counsel of several reports of
international observers to the June 2000 election. Although accepted into evidence, Devittie
decided that the inquiry before him was solely concerned with the election in Buhera North and
that findings of fact must be drawn from oral evidence from persons affected by the allegations of
violence and intimidation, rather than second or third hand from an international election monitor.
Moreover, these reports contained countrywide allegations of corrupt practices and threatened to
expand the inquiry beyond the borders of Buhera North constituency. Devittie rejected this
invitation to conduct a separate inquiry into the role of the state media, state president, and other
allegations pertaining to the conduct of the election in other parts of the country.
The main instances of violence and intimidation which Justice Devittie took note of were as
follows:
At the Paradise Motel, Betty Machingauta and Daniel Machinga were assaulted, one severely.
An MDC supporter and war veteran, David Mukose, at New Gift Shop, was being harassed and
manhandled by war veterans who were trying to drag Mukose to a Zanu (PF) vehicle which had
an inscription, “Zanu (PF) Manicaland Province.”
The bodies of Talent Mabika and Tichaona Chiminya, burnt beyond recognition, were conveyed
to Murambinda Hospital. Evidence suggests they were burnt alive after a petrol bomb was
thrown into the vehicle they were driving in near the Murambinda Growth Point. Chiminya was
the MDC campaign manager for Buhera North, while Mabika was an MDC supporter and member
of a youth drama group.
At least two teachers, one at St Georges School in Mashiri and the other at Bika were intimidated.
One teacher was severely assaulted, forced to walk 40kms blindfolded all because of his
association with the MDC.
Witness, Edward Muzambare, told the court how war veterans and a Zanu (PF) official would
threaten and harass MDC supporters and potential MDC supporters and how Chief Chitsunge
would shout Zanu (PF) slogans at polling stations.
xvii
ibid,
AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.
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