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homes. Kudzayi Chisirimunhu’s business was regularly visited by war veterans who damaged
the store and frightened away patrons. Proud Zava, an MDC supporter, was assaulted in the
presence of Sungano.
There were also attempts to coerce and threaten area chiefs and village headmen. Chief
Tshovani and village headman, James Jekero, testified that Mutemachani intimidated them into
advising their constituents to vote for Zanu (PF) or risk death or war.
The Response
The war veteran
Because of the mounting evidence against him and other ex-combatants, the court called on war
veteran Boniface Mutemachani and others to answer the array of allegations levied against them.
Although the petition was served on all the individuals implicated in the petitioner’s case, only
Mutemachani appeared before the court.
Mutemachani proved to be a poor witness. On two occasions he made assertions that later in his
testimony, he boldly contradicted. For example, he alleged that he met Chief Tshovani for the
first time in February of 2001. A few minutes later, he explained to the court that in May 2000 he
brought the Chief to an occupied farm, not to intimidate him, but to show the general progress of
fast-track land reform.
Also, he denied being the respondent’s campaign manger despite the fact that such an admission
was recorded before a Masvingo magistrate in a previous case. The record in that case was
produced before Ziyambi as evidence.
Justice Ziyambi found Mutemachani intransigent and unmoved by his own contradictory
statements. His defence was dismissed as unreliable and unconvincing.
The candidate
The respondent’s main defence was that because he was confined to a hospital bed for a large
duration of the pre-election period, it would have been impossible for him to personally commit
corrupt practices in conducting his campaign.
He testified that in fact, he was attacked by MDC supporters at Croco Motors on 7 May 2000 and
sustained injuries. Directly after being discharged from hospital where he was treated for these
injuries, he had, in anger, made inflammatory statements at a rally at an occupied farm where
Mutemachani had brought Chief Tshovani. Ziyambi accepts that these statements where made
in a moment of passion and is disinclined to infer that underneath these statements lay a more
sinister, pre-meditated plan of action.
The Result
Justice Ziyambi found that Chiredzi North constituency suffered widespread violence and
intimidation during the pre-election period. War veterans and Zanu (PF) supporters were found to
be the main perpetrators of this violent campaign, but opposition supporters were also found to
have committed violent acts, particularly at Croco Motors where the respondent himself was
injured.
Ziyambi believed that, in order to set aside the election, “the degree of violence and intimidation
must be such as is liable to induce persons of ordinary courage from exercising their votes.”
Indeed, Ziyambi conceded that, although only two families that came before the court were made
to flee the area, she believed that the far-reaching character of the violence perpetrated in
AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.
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