Politically motivated violence in Zimbabwe 2000-2001
A report on the campaign of political repression conducted by the Zimbabwean Government under the guise of carrying out land reform
August 2001

4. Violence associated with electoral challenges, by-elections and mayoral elections

After the June 2000 General Election the MDC initiated proceedings to have the results set aside in 38 constituencies, on the basis that the elections had not been free and fair because of the violent campaign by ZANU (PF) supporters against the MDC. The MDC said it had been unable to campaign in some constituencies because it was too dangerous, and that violence and the threat of violence had deterred MDC supporters from exercising their right to vote for the party of their choice.

Shortly before the electoral challenges were due to be heard, Mugabe sought to prevent the courts from invalidating any election results. Purporting to act according to the terms of his powers under the Electoral Act,⁴¹ he "validated" any corrupt or illegal practices committed during the General Election, deeming them not be violations of the Electoral Act. In the preamble to these regulations, he proclaimed that the elections had been "held under peaceful conditions", that "the people who voted did so freely" and that the outcome of the election "represents a genuine and free expression of the people’s will". He added that the challenges were "undermining political stability and the democratisation process" and therefore had to be stopped "in the interests of peace, security and stability."

The Supreme Court unanimously⁴² ruled that these presidential regulations were invalid, finding that they violated the right of candidates to seek legal recourse when election results were challenged on the grounds that the elections were tainted by corrupt and illegal practices.

There is a large body of evidence showing that the elections were not free and fair, nor were they held under peaceful conditions.⁴³ In December, many months after the General Election, the electoral challenges finally began to be heard in the High Court.⁴⁴ In four of the cases heard so far, the challenges have succeeded and the election results in these constituencies have been set aside.

Having failed to stop the electoral challenges from being heard, ZANU (PF) supporters unleashed violence upon MDC candidates to intimidate them into withdrawing their challenges, and upon MDC witnesses to intimidate them against testifying. Some police officers have taken part in the violence against MDC witnesses.⁴⁵ The numerous incidents of witness intimidation are described at the end of this report.⁴⁶ A typical case is given here:

K.M., aged 32, an assistant welder and MDC organising secretary, was assaulted on 22 February 2001 at Chiredzi. He was assaulted with whips by a group of ZANU (PF) youths led by war veteran, Boniface Mutemachani. He received serious injuries and bruises all over his body. His assailants accused him of being "a key witness against their party". He was further attacked with a pick handle on his left shin. K.M. identified one assailant, Farai Kahlamba, as the instigator of the assault. K.M. was left for dead, and could not walk to find help. He suffered a severe bone fracture, and received treatment at Dr Mungwazi’s surgery. The matter was reported to the police but no arrests have been made in the matter.

In another case, three lawyers had travelled to Chikomba to investigate reports of witness intimidation. On arrival they saw one of the witnesses being assaulted by ZANU (PF) youths. The youths then severely assaulted one of the lawyers, and took him and the witness to the police station, where they were further assaulted by police officers. When the other two lawyers arrived at the station to rescue their colleague, the member in charge, a war veteran, detained them. He ordered all police details to arm themselves with automatic weapons and distributed live ammunition to them. He then lectured the lawyers about the evils of the MDC, stating that as educated people they ought not to allow themselves to be used by white people. He threatened to call Hunzvi, "war veterans" and the army to carry out further assaults on the lawyers. The lawyers were later released.⁴⁷

This violent intimidation has led a few MDC candidates to withdraw their court cases. It has also caused some witnesses to refuse to testify.

After one of the judges involved in the electoral challenges, Justice Devittie, set aside the results in three constituencies⁴⁸ on the grounds that there had been widespread violence and intimidation, Chinotimba warned him that he could "soon be following his master" from the court bench. This was a reference to the forced retirement of Chief Justice Gubbay (see 5.3). A newspaper quoted Chinotimba as saying: "Devittie is a judge for opposition political parties. The way Gubbay went is the same way Devittie is going to go."⁴⁹ Chinotimba later denied that he had threatened Devittie. It is understood that "war veterans" threatened to kill Devittie and his mother. Devittie resigned from the bench.

Devittie’s resignation has led to further delays in the hearing of these cases as it has been difficult to reassign the cases to other judges. The judges are now understandably reluctant to hear these cases and are finding excuses not to get involved in them.⁵⁰

In June 2001 Judge Ziyambi set aside the result in the constituency of Chiredzi North. She ruled that there was widespread violence and intimidation in the constituency during the General Election, perpetrated mainly by ZANU (PF) supporters and "war veterans", making it impossible for voters to back the candidate of their choice. The ruling follows a petition to the court by the defeated MDC candidate.⁵¹ It remains to be seen whether threats will be levelled against Judge Ziyambi for her decision.

Two by-elections have been held since the June 2000 General Election, and seven more are in the pipeline. In Marondera West, won by ZANU (PF) in the General Election, the by-election took place in November 2000. In Bikita West, won by the MDC, the by-election was held in January 2001. Before the Marondera West by-election, Hunzvi and an entourage of "war veterans" travelled extensively around the constituency. But it was in the Bikita West constituency, one of the few rural constituencies won by the MDC, that the Government pulled out all the stops to win back the constituency.

ZANU (PF) supporters and "war veterans" descended on Bikita West and set up base camps. Hunzvi, Chinotimba and a third leading figure, Francis Zimuto, travelled around the constituency forcing people to attend rallies and instigating assaults on MDC supporters. Chiefs and Headmen were warned that they would lose their privileges unless they ensured that people in their areas voted for ZANU (PF). Villagers were told that their votes were not secret and anyone voting for the MDC would be ruthlessly dealt with. Just prior to the by-election Minister Gezi handed out millions of dollars for the development of youth projects. The result was that ZANU (PF) won Bikita West with a substantial majority.

The success of these tactics persuaded ZANU (PF) to use them again in an urban constituency, Masvingo, where mayoral elections were due to be held in May 2001. Large numbers of ZANU (PF) supporters and "war veterans" were sent into the area. The police arrested numerous MDC supporters on allegations of public violence, but ignored the violence and intimidation being perpetrated by ZANU (PF). The "war veterans" drove around ordering businesses to close and forcing everyone to attend rallies to be addressed by the two Vice-Presidents and several Government Ministers.⁵² The Government-controlled press created the impression that thousands of people had packed halls eager to hear these addresses.⁵³ Despite these efforts, the MDC won the mayoral election convincingly, ZANU (PF) getting only 29% of the vote.

In early July 2001 it was reported⁵⁴ that "war veterans" and CIO agents had descended on Nerutanga in Buhera North, the home village of the MDC president, Morgan Tsvangirai. The High Court had recently nullified the General Election result in this constituency, which Tsvangirai had lost to the ZANU (PF) candidate. In anticipation of a by-election and in preparation for the 2002 Presidential Election, ZANU (PF) has embarked upon a terror campaign in the constituency, targeting school teachers, other civil servants and "uncooperative" traditional leaders. The MDC branch secretary for the area, Willard Magadzire, has reported that scores of families have been forced to abandon their homes and have fled to the mountains for safety. Magadzire himself has had his homestead burnt and property destroyed by ZANU (PF) supporters. He said that reports have been made to the police, but they have refused to intervene, saying they fear the CIO.

Other areas which have recently been subjected to violence associated with by-elections, mayoral elections and the run-up to the Presidential Election include:

• Bindura, where a by-election is to be held on 21 and 22 July 2001; the ZANU (PF) candidate for this seat, Governor Elliott Manyika, has been conducting a campaign of violent intimidation in the area;⁵⁵ ZANU (PF) youths operating from seven bases they had set up in the area have allegedly raped some women and assaulted suspected MDC supporters;⁵⁶
• Bulawayo, where the election of an executive mayor is due to take place in July 2001; Chinotimba has arrived in the city to spearhead what will inevitably be a violent campaign;⁵⁷
• Kwekwe, Bindura and Bulawayo, where the police have raided MDC offices and arrested MDC officials; the MDC reports that their party offices are being searched, often without search warrants.⁵⁸

On 22 July 2001, ZANU (PF) youths attacked a convoy carrying the MDC president, the party's candidate for the Bindura constituency, Elliot Pfebve, and several senior members of the party. The convoy was en route to venues in Bindura. The vehicles were damaged by stones thrown by the youths and one car was set on fire, but none of the MDC officials was injured. However, several MDC supporters were injured, some seriously; one was said to be in critical condition. A few kilometres on, an even bigger mob advanced threateningly towards the vehicles, but was stopped by the intervention of the police. Armed policemen then accompanied the MDC team to two rallies.⁵⁹  TOP

⁴¹ Section 158(1) of the Electoral Act [Chapter 2:01].

⁴² Movement for Democratic Change & Anor v Chinamasa NO & Anor Supreme Court Case No 7 of 2001.

⁴³ See the following:

Statement of the National Democratic Institute (NDI) Pre-Election Delegation to Zimbabwe issued in Harare on 22 May 2000;
Amnesty International report entitled Zimbabwe Terror Tactics in the Run-up to Parliamentary Elections June 2000;
Report of the European Union Election Observation Mission on the Parliamentary Elections dated on 4 July 2000; Report of Commonwealth Observer Mission published on 11 July 2000;
Report of International Rehabilitation Council for Torture Victims dated 4 June 2000.

⁴⁴ The Electoral Act [Chapter 2:01] stipulates that election petitions have to be disposed of expeditiously. Despite this the Judge President at that time Judge Chidyausiku seemed deliberately to delay the hearing of these cases despite repeated requests by the MDC that the hearings be expedited and that more judges be assigned to hear these cases.

⁴⁵ See Case Studies Section E for some examples of this.

⁴⁶ See Case Studies Section E.

⁴⁷ See Case Studies Section F for full details of this case.

⁴⁸ The constituencies involved are Buhera North, Hurungwe East and Mutoko South.

⁴⁹ The Eastern Star 4 May 2001.

⁵⁰ News24 (SA) 15 June 2001.

⁵¹ Daily News 21 June 2001; Financial Gazette 21 June 2001.

⁵² Daily News 11 May 2001.

⁵³ Herald 11 May 2001.

⁵⁴ Standard 1 July 2001.

⁵⁵ Independent 6 July 2001.

⁵⁶ Daily News 9 July 2001.

⁵⁷ Daily News 16 June 2001.

⁵⁸ Financial Gazette 2 July 2001.

⁵⁹ Daily News 22 July 2001  TOP