23
Chiredzi North would have likely intimidated others “into fleeing or refraining from casting their
vote for fear of reprisals.” Therefore, it was reasonable to infer that the violence and intimidation
was of such a nature and extent to suppose that the election had been affected, and thus, the
election in Chiredzi North not valid.
Whether the respondent, by himself or through his agents, was responsible for the violent nature
of the campaign, or whether he or his agents had committed corrupt practices as defined in the
Electoral Act remained unresolved. Although it was the petitioner’s assertion that the war
veterans, namely Boniface Mutemachani, were linked to the respondent, Ziyambi never made a
determination on whether individuals not appointed at an official capacity, could qualify as an
agent as set out in the Electoral Act. This would have been important because, had Ziyambi
made a decision that Mutemachani and others were in fact the respondent’s agents, Mr. Chauke
would have been personally held responsible for these war veterans’ illegal actions. Ziyambi did
however dismiss any allegation that the respondent himself was guilty of performing corrupt acts
in his campaign. She insisted that there was not enough sufficient evidence to prove this charge
beyond a reasonable doubt.
5.7
J. Ziyambi: Chiredzi South
The MDC candidate and petitioner Mr. Patrick Tsumele’s main contention in this case was that
the respondent, Mr. Aaron Baloyi, and supporters unleashed a reign of terror in Chiredzi South in
an effort to intimidate MDC supporters, real or potential, from exercising their vote freely.
Central to this case were various events that occurred between 4 and 16 June 2000. These
included:
On 4 June, war veterans physically assaulted the petitioner, causing him injuries that required
hospitilisation.
On 8 June, war veterans threatened the petitioner, and assaulted his campaign manager,
Shadreck Mbizi, with an empty bottle and whips. Mbiza consequently required medical attention
to treat the injuries he sustained in the attack.
On 10 June, Zanu (PF) members set alight the church of Hasani Mukaha, an MDC supporter and
choirmaster. Mukaha was pursued by 14 Zanu (PF) supporters the following Monday from his
home to his mother’s home where he was taken into custody and detained in the cells at
Chikombedzi Police Station.
On 12 June, Zanu (PF) supporters stoned a motorcycle carrying MDC supporter Jabulani Gumbo
and Mbizi. The assailants allegedly sought refuge in the respondent’s home. Again, Gumbo was
waylaid by people hiding in the trees a week later while he was driving his vehicle
On 14 June, war veterans stoned the petitioner’s home.
On 15 June, respondent’s supporters cordoned off the gates of the hospital where the petitioner
lived and worked. The petitioner was threatened with assault.
On 16 June, outside the shops, Zanu (PF) supporters attacked MDC branch chairman, Paul
Chauke and 14 other MDC supporters with stones. The attackers were pursued until the melee
reached the respondent’s home where the fighting continued. It was alleged that some of the
Zanu (PF) assailants were residing at the respondent’s home.
On an unspecified date, Sgt. Verenga detained, interrogated and threatened MDC organizing
secretary, John Mazhata.
AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.
Select target paragraph3
Add to table of contents