3
Introduction
This monograph focuses on the effects upon the victims of human rights violations from testifying
in the election petitions that took place in the period following the June 2000 Parliamentary
elections. The General Election marked the first time a strong opposition party, the Movement for
Democratic Change (MDC), had challenged the ruling Zimbabwe African National Union –
Patriotic Front (Zanu (PF)) in the political arena. In the General Election the MDC won 57 out of
120 contested seats but the price paid for these democratic gains was high. This was perhaps the
most violent election in Zimbabwe’s history, with killings, wide scale torture, threats and
intimidation and property damage around the country. The organised violence and torture
continued through the various bye-elections held in 2000, 2001, and persisted into the
Presidential Election in 2002.
Following the General Election, the MDC brought legal challenges to the High Court of Zimbabwe
in 38 constituencies in an effort to contest the election results in those areas. They alleged that
the violence perpetrated by Zanu (PF) agents, with the knowledge or active participation of the
Zanu (PF) candidate at the time, unfairly affected the outcome of the vote in these constituencies,
and thereby violated the Electoral Act of Zimbabwe. The MDC asked in their petitions that the
results be overturned, and that elections be held again in these 38 constituencies. The MDC
additionally requested that, if any member of parliament was found guilty of election misconduct,
that member be rendered ineligible to run for public office for five years.
The trial of 39 cases (Zanu (PF) submitted one case as the petitioner) began in February 2001,
and, by December 2001, 15 petitions had been heard by a High Court Judge, and eight cases
cancelled or withdrawn. First hand testimony was documented from all the election petition cases
that were heard in the High Court of Zimbabwe from February to October 2001.
This present monograph concentrates upon the effects upon the witnesses who testified in the
petitions. Most of these witnesses were victims of organised violence and torture during the June
2000 General Election. They were either primary victims – those who were direct victims of
organised violence or torture – or secondary victims – family members or witnesses to direct
violence. They were followed up after they had given their testimony, and a detailed interview
conducted on their experiences during and after testimony in the High Court.
This monograph, and the others in this series, are based on detailed observation of the election
petitions held in the High Court of Zimbabwe, as well as testimonies available from victims seen
during the General Election and the subsequent bye-elections. A team of researchers attended all
the court hearings, making notes of all proceedings, as well as studying the case notes held by
the AMANI Trust and the Zimbabwe Human Rights NGO Forum. There are two companion
monographs on the violence and on the petitions1. As will be seen, these reports corroborate
many of the earlier reports of the Zimbabwe Human Rights NGO Forum 2, as well as the reports of
international human rights organisations 3.
1
See AMANI TRUST (2002), Organised Violence and Torture in the June 2000 General Election in Zimbabwe, HARARE:
AMANI TRUST; AMANI TRUST (2002), Neither Free nor Fair: High Court decisions on the petitions on the June 2000
General Election, HARARE: AMANI TRUST.
2
See ZIMBABWE HUMAN RIGHTS NGO FORUM (2000), Who is Responsible? A Preliminary Analysis of Pre-election
Violence in Zimbabwe, HARARE: ZIMABWE HUMAN RIGHTS NGO FORUM; ZIMBABWE HUMAN RIGHTS NGO
FORUM (2000), Report on Pre-election Violence in Mberengwa, HARARE: ZIMABWE HUMAN RIGHTS NGO FORUM.
3
See AMNESTY INTERNATIONAL (2000),Zimbabwe: Terror tactics in the run-up to the parliamentary elections, June
2000, LONDON: AMNESTY INTERNATIONAL. See also IRCT (2000), Organised Violence and Torture in Zimbabwe,
Harare and Copenhagen, 6th June 2000, COPENHAGEN: IRCT; IRCT/RCT (2001), Organised election violence in
Zimbabwe 2001, COPENHAGEN: IRCT & RCT.
Heroism in the Dock: Does testifying help victims of organised violence and torture? A pilot study from Zimbabwe.