JUSTICE IN ZIMBABWE 144 ____________________________________________________________________ 149 At their trial the magistrate made an order, unopposed by the prosecutor, for the police to return the firearms to the accused. To date the police have refused to comply with the order. 150 The Herald 8 August 2001 151 See sections 56 and 81 of the regulations. Chapter 10:27. An outline of the Act’s provisions is to be found in topic 5 of Section A of this report. 152 153 [Chapter 2:01] 154 In terms of s 31 of the Electoral (Applications, Appeals and Petitions) Rules, 1994 (SI 74A of 1995). 155 The Electoral Act (Modification) (No. 3) Notice, 2000 (SI 318 of 2000). 156 See MDC & Anor v Chinamasa NO & Anor 2001 (1) ZLR 69 (S). 157 For example, Devittie J heard the Mutoko South election petition (2001(1) ZLR 308) in mid-March and gave judgment on 27 April 2001; and Garwe J heard the Chinhoyi election petition (2001 (1) ZLR 334) in February and March 2001 and delivered judgment (dismissing it) on 9 May 2001. 158 The petition is the Mutoko South election petition, and the unseated candidate Dr Olivia Muchena. The candidate insisted that the war veteran “was named in his campaign line-up only in his representative capacity as a war veterans chairman”. It is not clear what difference that could make. 159 160 Cf Devittie J in Hurungwe East Election Petition 2001 (1) ZLR 285 (H). 161 Igudu Farm (Pvt) Ltd v Commissioner of Police & Ors HH-143/2001. 162 HH-4-2002 and HH-8-2002 respectively. 163 2001 (1) ZLR 334. 164 Biti & Anor v Minister of Justice & Anor S-10-2002 165 The judgment was delivered by Ebrahim JA, with whom Cheda and Ziyambi JJA concurred. 166 [Chapter 2:08] 167 Reported in The Herald 18 April 2002. 168 The Daily News 7 June 2002. 169 This summary is taken from The Daily News 9 August 2002. 170 171 172 173 Published in Daily News 6 September 2002. Messrs Chavunduka and Choto, whose case is dealt with in topic 2 of section A of this report. Daily News 5 September 2002. See Breaking the Silence Building True Peace 1997 (A report by the Catholic Commission for Justice and Peace in Zimbabwe and the Legal Resources Foundation of Zimbabwe)