13 Muwunga Farms did not exercise their vote. Taruvinga recounted a similar story at Mawunga Farm where he was forced to sit facing the gathering as he was made an example of and beaten. Two witnesses, Dzingayi Chitera and Never Masauka testified that they were abducted whilst walking in Karoi town and taken to Zanu (PF) offices where they were interrogated and assaulted. Another witness, Julia Sixpence, was attacked by Zanu (PF) youth in Hurungwe West after being chased out of Hurungwe East. There were five unopposed affidavits submitted to the court. One, made by Delux Butay recounted how Zanu (PF) youth came to his home where he, his wife and two children were rudely awakened in the middle of the night and forcefully taken to Zanu (PF) offices where he and his wife were assaulted in front of his children. The Zanu (PF) youth beat the soles of his feet with a wooden plank. Another affidavit, made by Persuade Chinyati claimed that she was taken to the Zanu (PF) office in Chikangwe where Zanu (PF) supporters made her lie down so they could beat the soles of her feet with a wooden plank and fists. Following the assault her assailants made her walk home shirtless. Francis Madimbu, who was abducted and taken to Karoi Zanu (PF) offices along with witness Dzingai Chitera, made the final affidavit. Madimbu was assaulted with axe handles and iron bars and consequently sustained multiple injuries. The Response The respondent did not seriously challenge the acts of intimidation alleged by the Petitioner’s witnesses. In fact, the respondent never suggested that these allegations were fabricated. Rather, the respondent’s main line of defence was that he was not personally, nor through his election agents, liable for the acts of intimidation. Though he shared offices with war veterans in Karoi, the respondent dismissed the allegation that the war veterans were campaigning on his behalf as approved agents. He asserted that the war veterans were a different organization and that he was neither liable nor specifically aware of their actions. He also denied witnessing the assault of Dzingayi Chitera and Never Masauka at the Zanu (PF) office in Karoi. The Result Having considered the petitioner’s evidence and the respondent’s answer, Judge Devittie outlined the evidentiary standard that underscored his decision-making process: Intimidation was of a general nature, so that it permeated the society and was not restricted to a small locality. If general intimidation is proved, the court is not required to inquire whether such intimidation had affected the election result in consequence. All the court needs to decide is whether the result may have been affected and whether the nature and extent of intimidation may have affected men of ordinary nerve and courage. If general intimidation is proved, the burden of proof is cast upon the respondent to show that the amount of intimidation could not possibly have affected the election outcome, and unless he shows that, the election should be declared null and void. Devittie rejects the respondent’s assertion that allegations of violence and intimidation were irrelevant where he had obtained an absolute majority. Devittie rejects the further claim that the petitioner had to show that pre-election violence had swayed the will of a sufficient number of persons that could upset this majority. Instead, Justice Devittie found that Hurungwe East was “a community where high levels of intimidation occurred, “and that this intimidation caused undue influence over the election AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.