JUSTICE IN ZIMBABWE
127
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“A High Court upheld a legal challenge to the results of the June 2000 parliamentary
race in the Buhera North constituency in Mashonaland East Province, in which MDC
President Morgan Tsvangirai campaigned and lost against ZANU-PF's Kenneth
Manyonda. The basis of the challenge filed on 26 July 2000 was that political killings,
assaults and other intimidation prevented voters there from freely exercising their right to
vote for whom they wished. Some 10 months later, in April 2001, Judge James Devittie
gave his final ruling that the election result was nullified, in part because of the terror
caused by the 15 April 2000 killings of Tichaona Chiminya and Talent Mabika.
During the hearings, a witness testified in the High Court on 23 February 2001 that he
was with the two individuals alleged to be the killers - CIO agent Joseph Mwale and war
veteran Kainos Tom “Kitsiyatota” Zimunya, as well as a group of ZANU-PF youths. The
witness said they drove a ZANU-PF Manicaland Nissan twin-cab truck to the CIO office
at Murambinda, near Buhera on 15 April 2000; both Joseph Mwale and Kainos Tom
Zimunya entered the office and each had an AK rifle when they left the office. With the
witness in the vehicle, they drove with other men along the road from Murambinda to
Buhera and overtook a red Mazda truck in which MDC supporters were travelling in the
same direction. Speeding past the MDC Mazda truck, the ZANU-PF Manicaland Nissan
then parked by a bus stop, blocking the road. Joseph Mwale and Kainos Tom Zimunya
pointed their AK rifles at the MDC vehicle in which Tichaona Chiminya and Talent
Mabika drove, forcing them to stop. According to the witness Joseph Mwale and Kainos
Tom Zimunya began assaulting Tichaona Chiminya and Talent Mabika as they sat inside
their truck. The other MDC supporters in the Mazda fled, while Joseph Mwale and
Kainos Tom Zimunya took a container of liquid from the ZANU-PF truck, sprinkled it
inside the MDC vehicle and set it alight. Joseph Mwale and Kainos Tom Zimunya then
sped off from the scene of the killing. [Daily News, “Chiminya killers named in court”,
24 February 2001.]
On 28 February, another witness said he was in the vehicle with Tichaona Chiminya
and Talent Mabika when Joseph Mwale, Kainos Tom Zimunya and other ZANU-PF
supporters attacked the vehicle. The witness was quoted in the press as testifying: ‘I then
saw two armed men. One of them, Mwale, approached our vehicle and started beating
Chiminya with the butt of his gun. Talent was screaming as the attackers broke the
windscreen.’ The witness said he managed to escape from the vehicle through one of the
windows. ‘I then heard them saying that they should fetch the petrol from their car...They
poured the liquid in the front seat where Chiminya and Mabika were sitting. Thereafter,
the car went up in flames.’ The witness saw Tichaona Chiminya manage to get out of the
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