REDRESS/AMANI
reform movement increased rapidly, and Zanu-PF tried to seize the initiative by
appointing a Government Constitutional Commission 31 leading to a Referendum in
February 2000 on the draft Constitution produced by the Government Commission.
The result was a historic defeat at the polls as the governments proposed
Constitution, which had been designed to consolidate Mugabes position, was
rejected. Within days, the Government-organised invasions of white commercial
farms began, to be soon followed by widespread and systematic physical attacks on
MDC supporters, especially farm workers.
This campaign of violence and
intimidation was Zanu-PFs open strategy to avoid another defeat at the polls in the
general Parliamentary election set for June 2000.
Despite being virtually outlawed in large parts of the country, and despite the
widespread use of physical violence against its perceived supporters at the hands of
Government-organised so-called war veterans, 32 the MDC won nearly half the seats
in Parliament.
It immediately launched election petitions in the High Court
challenging the results in 37 constituencies on the basis of Zanu-PFs violence
before the general election. Faced with the prospect of losing the general election
ex post facto if the courts upheld these election petitions, the Government increased
attacks on the then still relatively independent judiciary. It also intensified the
violence against MDC supporters and stepped-up the unlawful invasion and
occupation of more farms, often accompanied by the ill-treatment and even killing
of white owners and black workers. This deliberate strategy continued throughout
200133 in preparation for the Presidential election set for March 2002. The result
was an ever-increasing level of state-sponsored violence, and torture became
endemic. The period saw the fraudulent re-election of Mugabe, the destruction of
the rule of law and the independence of the judiciary, and economic collapse. 34
During 2003 human rights violations on a widespread and systematic scale
continued unabated, peaking during local, mayoral and parliamentary by31
On 28 April 1999, Mugabe set up a Commission of Inquiry under the Commission of Inquiry Act (Chapter 10:07)
in terms of Proclamation No. 6 of 1999 (SI 138A/99), to review the Lancaster House Constitution.
Mugabe
appointed all the members of the Commission, the vast majority of whom were Zanu-PF supporters, including the
Commissions head, Godfrey Chidyausiku, Judge President of the High Court. Within two years, after the
Government had forced Chief Justice Gubbay into early retirement, Chidyausiku became Chief Justice.
32
A great deal of work has been done by The Amani Trust, and by the Zimbabwe Human Rights NGO Forum of
which Amani is a key member, to document the gross human rights violations in the current period. Some of the
Amani reports covering the years 1999-2001 published in 2002 in Harare are: Organised Violence and Torture in
the June 2000 General Elections; Neither Free nor Fair: High Court Decisions on the Petitions on the June 2000
General Election; Organised Violence and Torture in the Bye-Elections held in Zimbabwe during 2000 and 2001.
Some of the Zimbabwe Human Rights NGO Forum reports covering 1999-2001, all published in Harare, are:
Organised Violence and Torture in Zimbabwe in 1999, (1999); Organised Violence and Torture in Zimbabwe in
2000, (2000); Organised Violence and Torture in Zimbabwe in 2001, (2001); Who is Responsible? A Preliminary
Analysis of Pre-Election Violence in Zimbabwe, (2000); Human Rights and Zimbabwes June 2000 Election, (2001);
Who was Responsible? A Consolidated Analysis of Pre-Election Violence in Zimbabwe, (2001).
33
See: Politically Motivated Violence in Zimbabwe 2000-2001: A Report on the Campaign of Political Repression
conducted by the Zimbabwean Government under the Guise of carrying out Land Reform, Zimbabwe Human Rights
NGO Forum, Harare, 2001; A Report on Post-Election Violence, Zimbabwe Human Rights NGO Forum, Harare, 2000;
Evaluating the Abuja Agreement, Zimbabwe Human Rights NGO Forum, Harare, 2001.
34
See the following Amani reports published in Harare in 2002: The Presidential Election and the Post-Election
Period in Zimbabwe; Preliminary Report on Internally Displaced Persons from Commercial Farms in Zimbabwe;
Beating your Opposition: Torture During the 2002 Presidential Election in Zimbabwe. See also the following
Zimbabwe Human Rights NGO Forum reports published in Harare in 2002: Human Rights and Zimbabwes
Presidential Election: March 2002; Teaching Them a Lesson: A Report on the Attack on Zimbabwean Teachers; Are
They Accountable? Examining Alleged Violators and their Violations Pre and Post the Presidential Election March
2002. The destruction of the independence of the judiciary and the rule of law during the period since 1999 is
comprehensively analysed in Justice in Zimbabwe, Legal Resources Foundation, Harare, 2002. See also the earlier
report of the Research Unit of the Zimbabwe Human Rights NGO Forum, Enforcing The Rule of Law in Zimbabwe,
Special Reports 3, (Harare), September 2001.
7