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Justice Ziyambi found some of the evidence led by the petitioner’s witnesses as somewhat
unbelievable. Specifically, in Mbizi’s testimony about the two incidents where he and his vehicle
were waylaid and attacked, rather than driving off to avoid confrontation, Mbizi actually pursued
his assailants on both occasions. Ziyambi believed that Mbizi was not the victim he made himself
out to be, and was rather, “looking for trouble.”
In testimony described by Mr. Gumbo, Ziyambi found it difficult to believe his assertions that he
was actually a CIO operative whose initial aim was to infiltrate the MDC and procure information
for a CIO employed friend. His testimony about the disturbance at the hospital gates on 15 June,
and of the motorcycle incident on the 12 June was not forthcoming. Why was the CIO pursuing
him on the 15th, and why was he avoiding them, especially when he was alleged to be a CIO
operative?
No clear evidence established for a fact that Zanu (PF) supporters implicated in violent activities
were residing at the respondent’s home. Since this was the only evidence led in court that directly
linked the respondent with the violence in Chiredzi South, Ziyambi was not sufficiently convinced
that the respondent was personally responsible for encouraging or engaging in violent or corrupt
activities and therefore not liable as outlined in the Electoral Act.
The response
Indeed, the respondent, Mr. Baloyi, denied engaging in or encouraging acts of violence against
opposition supporters. Rather, Baloyi claimed that he and his supporters were the victims of
MDC sponsored violence. He and his witnesses recounted two incidents:
On 15 June, the hall in which a Zanu (PF) rally was stoned by MDC supporters. According to excombatant, Morris Chishonge, after the rally, MDC supporters were seen refusing Zanu (PF)
supporters, some seeking medical treatment, from entering the hospital where the petitioner lived
and worked.
On 16 June, a crowd of about 60 men surrounded the respondent’s home, hurled threats at him
and stoned his house. Baloyi’s home, outhouse, bicycle and car were all damaged. His maid
sustained injuries in the attack. After seeing a list of the perpetrators who were later
apprehended by the police, Baloyi found that many of the assailants were not from the area, and
alleged that they must have been brought into the constituency to create trouble. Also, the mob of
people stoned Chishonge near Baloyi’s home as he cycled to work.
The result
In Justice Ziyambi’s opinion, the petitioner presented his case poorly. The allegations made in
Tsumele’s written petition bore little resemblance to the actual oral evidence testified to in court.
Ziyambi stated, “The respondent could not have been adequately prepared for the cases he was
to meet by reading the petition.”xxiv The petitioner’s witnesses never mentioned in court some of
the allegations against the respondent put forth in the written petition. Furthermore, the petition
was not served on Sgt. Verenga, a police officer implicated in a number of incidents and whose
actions the petitioner relied upon in justifying the nullification of the election.
Although Ziyambi concluded that there were certainly incidences of violence and intimidation in
Chiredzi South, these incidences were sporadic and not of a general nature. Moreover, it was
established from the testimony of both sides, that the violence and intimidation spanned a short
time period between 4 and 16 June 2000, and that the constituency was peaceful for the greater
part of the pre-election period. Because Ziyambi found that the violence was not of the sufficient
degree or extent capable of negating the principle and exercise of free election, she dismissed
xxiv
Ziyambi, J., Chiredzi South Election Petition, p.15
AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.
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