24 Justice Ziyambi found some of the evidence led by the petitioner’s witnesses as somewhat unbelievable. Specifically, in Mbizi’s testimony about the two incidents where he and his vehicle were waylaid and attacked, rather than driving off to avoid confrontation, Mbizi actually pursued his assailants on both occasions. Ziyambi believed that Mbizi was not the victim he made himself out to be, and was rather, “looking for trouble.” In testimony described by Mr. Gumbo, Ziyambi found it difficult to believe his assertions that he was actually a CIO operative whose initial aim was to infiltrate the MDC and procure information for a CIO employed friend. His testimony about the disturbance at the hospital gates on 15 June, and of the motorcycle incident on the 12 June was not forthcoming. Why was the CIO pursuing him on the 15th, and why was he avoiding them, especially when he was alleged to be a CIO operative? No clear evidence established for a fact that Zanu (PF) supporters implicated in violent activities were residing at the respondent’s home. Since this was the only evidence led in court that directly linked the respondent with the violence in Chiredzi South, Ziyambi was not sufficiently convinced that the respondent was personally responsible for encouraging or engaging in violent or corrupt activities and therefore not liable as outlined in the Electoral Act. The response Indeed, the respondent, Mr. Baloyi, denied engaging in or encouraging acts of violence against opposition supporters. Rather, Baloyi claimed that he and his supporters were the victims of MDC sponsored violence. He and his witnesses recounted two incidents: On 15 June, the hall in which a Zanu (PF) rally was stoned by MDC supporters. According to excombatant, Morris Chishonge, after the rally, MDC supporters were seen refusing Zanu (PF) supporters, some seeking medical treatment, from entering the hospital where the petitioner lived and worked. On 16 June, a crowd of about 60 men surrounded the respondent’s home, hurled threats at him and stoned his house. Baloyi’s home, outhouse, bicycle and car were all damaged. His maid sustained injuries in the attack. After seeing a list of the perpetrators who were later apprehended by the police, Baloyi found that many of the assailants were not from the area, and alleged that they must have been brought into the constituency to create trouble. Also, the mob of people stoned Chishonge near Baloyi’s home as he cycled to work. The result In Justice Ziyambi’s opinion, the petitioner presented his case poorly. The allegations made in Tsumele’s written petition bore little resemblance to the actual oral evidence testified to in court. Ziyambi stated, “The respondent could not have been adequately prepared for the cases he was to meet by reading the petition.”xxiv The petitioner’s witnesses never mentioned in court some of the allegations against the respondent put forth in the written petition. Furthermore, the petition was not served on Sgt. Verenga, a police officer implicated in a number of incidents and whose actions the petitioner relied upon in justifying the nullification of the election. Although Ziyambi concluded that there were certainly incidences of violence and intimidation in Chiredzi South, these incidences were sporadic and not of a general nature. Moreover, it was established from the testimony of both sides, that the violence and intimidation spanned a short time period between 4 and 16 June 2000, and that the constituency was peaceful for the greater part of the pre-election period. Because Ziyambi found that the violence was not of the sufficient degree or extent capable of negating the principle and exercise of free election, she dismissed xxiv Ziyambi, J., Chiredzi South Election Petition, p.15 AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.