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constituency. Peasants were forced to attend rallies, shopkeepers and their businesses were
threatened, MDC supporters and MDC officials, such as Solomon Zapu and Mr. And Mrs.
Mavunga, were brutally assaulted. Furthermore, Zanu (PF) officials threatened villagers with
retribution should they vote for the MDC. These officials asserted that government could use
gadgets to detect who voted for the opposition. This seemed to be an effective threat in a
population with modest educational background, as well as among the elderly.
In his opinion, Justice Devittie uttered harsh words about the militia- young men and Zanu (PF)
supporters- that went on 15 April 2000 to Railway Block- a housing complex where mining
employees reside. Rather than legitimately promote and convey to the inhabitants of Railway
Block the policies of the political party that they supported, they conducted a “military style”
campaign, in which they “physically abused women old enough to be their mothers and left
permanently etched in these persons memories of pain and humiliation.” xviii
The incident at Railway Block was exceptionally brutal. The judge seemed moved by the
particular testimony given by Margaret Tavengerwai, aged 45, and in fact relies on her testimony
in his opinion. Tavengerwai explained:
One morning in May 2000, I was at a women’s club named Tashinga where the women at
Railway Block operate a Tuck Shop to earn some income for our club. I was approached by a
group of armed youths who demanded that I take them to my house to show them the MDC T
shirt and membership card that they said I had in my possession. When we arrived at my house,
they kicked my daughter out of the house, stating that they wanted to kill me. Six people entered
my house and asked me to open my wardrobe. They failed to get any material even though I had
some of the MDC material which I had hidden under a flowerpot. I had hidden it because we had
been warned that if MDC material was recovered we would be killed. They then began to assault
me in the bedroom and they did so at random. I was struck on the head with an axe. Another
stabbed my buttocks. These persons had small axes. The assault continued to the extent that I
was so weary that I didn’t know what was happening. The assault commenced at about 4 p.m. I
cannot recall what happened thereafter. I regained consciousness at 6 p.m. and I was taken to
the hospital where I was detained for three days suffering from stab wounds and multiple bruises.
I believe that the injuries I suffered were very serious and think I may have permanent damage. I
am unable to pass urine during the day and I can only pass urine when I feel acute stomach pain.
I have extreme difficulty in carrying heavy objects on my head. I suffered so much that I was
determined to go and vote. I still have nightmares about my experience. I do not know the
names of my assailants but I know their first names and that they stay in a Council location. It is
clear to me that when these persons attacked me, they knew my name and had come to target
me as one of the MDC supporters. They had a list with them of persons to be attacked. I was
unable to make an immediate report because the war veterans were camped right next to the
police station and it was there where they planned their campaigns of violence. At times we were
even afraid to go into town to buy bread in case we encountered the war veterans. I have not
been harassed by the war veterans after the June elections.xix
Emily Rice and Tawanda Moffat, both residents at Railway Block also gave evidence to this
affect: they were severely assaulted with axes, catapults and sticks and were consequently
hospitalized. Rice’s parents were beaten up after they visited her at the hospital. Moffat was
unable to walk for five days.xx
The response
The response from Mr. Nhema, in light of the previous petitions, was predictably thin. The
respondent in cross-examination challenged none of the evidence put forward in the petitioner’s
xviii
xix
xx
Devittie, J., Shurugwi Election Petition p. 1-2
ibid, p.2-3
ibid, p.4
AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.
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