A report by the Legal Unit of the
Zimbabwe Human Rights NGO Forum

The Zimbabwe Human Rights NGO Forum (also known as the “Human Rights Forum”) has been in existence since January 1998. Nine non-governmental organizations working in the field of human rights joined together to provide legal and psychosocial assistance to the victims of the Food Riots of January 1998.
The Human Rights Forum has now expanded its objectives to assist victims of organized violence, using the following definition:
“Organised violence” means the inter-human infliction of significant avoidable pain and suffering by an organised group according to a declared or implied strategy and/or system of ideas and attitudes. It comprises any violent action, which is unacceptable by general human standards, and relates to the victims’ mental and physical well being.
The Human Rights Forum operates a Legal Unit and a Research and Documentation Unit.
Core member organizations of the Human Rights Forum are:
The Amani Trust
The Catholic Commission for Justice and Peace
The Legal Resources Foundation
Transparency International (Zimbabwe)
The University of Zimbabwe Legal Aid and Advice Scheme
Zimbabwe Association for Crime Prevention and the Rehabilitation of the Offender
Zimbabwe Human Rights Association
Zimbabwe Lawyers for Human Rights
Zimbabwe Women Lawyers Association
Associate members are:
GALZ
ZIMCET
The Human Rights Forum can be contacted through any member organization or through the following:
The Administrator, c/o P O Box 5465, Harare – email: [email][email protected]
The Legal Unit, c/o P O Box 5465, Harare – email: [email][email protected]
The Research Unit c/o P O Box 5465, Harare – email: [email][email protected]
Telephone/fax: 792222, 737509, and 731660
Website: www.hrforumzim.com
All previous reports of the Human Rights Forum can be found on the website.

Background
The MDC is contesting the outcome of last June’s parliamentary elections in many constituencies that resulted in the victory of the ZANU (PF) candidate. The MDC has filed 41 cases from constituencies across Zimbabwe. ZANU (PF) is likewise contesting the election result in only one constituency where the MDC won a parliamentary seat. Trials began 12 February 2001.
Human rights abuses have been reported in all cases that have appeared before the High Court. Some of the victims seen by the HRLU (Human Rights Legal Unit) during March 2001 were victims of political violence that occurred when they returned home after testifying in the election challenges. The violence, which has mainly implicated ZANU (PF) supporters, but has also implicated some MDC supporters, is being used as a tool to intimidate people who had testified at the High Court. The intimidation continues to instill such fear that witnesses consider not testifying and in some cases have to be subpoenaed.
Many victims were forced from their homes because of an extreme fear of victimization and repeated intimidation. Victims are often forced to look for alternative housing and many are forced to live with family or friends elsewhere in the country. Most victims report beatings as the main form of torture.
Some victims seen by the HRLU were victims of other political violence, torture and ongoing intimidation in several constituencies.
Political violence has been reported in the following constituencies: Karoi, Hurungwe West, Chikomba, Chiredzi, Makoni West, Bikita West, Mabvuku, Shamva, Harare, Bulawayo, Bubi-Umguza, Mberengwe East, Mazowe West, Muzarabani, Masvingo North, and Mount Darwin.
The Clemency Order handed down by the President in October 2000, which declared that only those involved in political violence that resulted in murder or rape could be prosecuted, clearly has had serious effects. Police have taken little action to protect persons against political violence and in many cases, according to victims, refuse to take statements from MDC supporters. Some victims refrain from making reports to the police out of fear of further victimization often because of a perceived link between the assailants and members of law enforcement agencies. The police, as evidenced by statements of victims, have shown little intention of taking the reported matters seriously or investigating them with diligence.
It is urgent that the Zimbabwean government takes steps to ensure a climate of peaceful political competition. It is also imperative that the government ensures that the rule of law is restored, and criminal charges are brought against all alleged perpetrators, whatever their political affiliation.

Harassment of witnesses to the parliamentary election petitions

Chegutu

On 6 June, Philemon Matibe’s farm was invaded. Matibe is a member of the MDC and is the petitioner in the Chegutu election petition that is set to be heard before the High Court. Matibe was allegedly threatened by Webster Shamu that if he did not withdraw his electoral petition his farm would be invaded. Shamu denied this. Other farms in the area were not invaded; Matibe is currently suing invaders for unlawful invasion of his farm.

Non-election petition related political violence
The information below relates to political violence that is not directly related to the election challenges.

Bindura

· On 2 June, six unnamed ZANU (PF) supporters who were driving a Land Rover Defender vehicle, assaulted MDC supporter, Cephas Madzongere and left him beaten and unconscious. Madzongere is now recovering at the Avenues Clinic in Harare.

· On 21 June, MDC supporter Mukundwei Motsi Muzavazi was assaulted in Imbwanhema Village with chains and sticks by ZANU (PF) supporters driving a Land Rover Defender vehicle. He was taken to Makumbe Mission Hospital and transferred to Parirenyatwa.

· Francis and Wadzanai Mukwesha’s property and maize were burnt on 6 June. ZANU PF youths descended on the Imbwanhema Village, visiting each house looking for specific people whom they claimed belonged to the MDC.

· Several MDC supporters were assaulted during an MDC rally at Trojan mine by ZANU (PF) youths who arrived in a lorry. Elliot Manyika, Provincial Governor of Mashonaland Central, was present and arrived at Trojan mine ahead of the youths in a Defender with registration 750-009B. He allegedly ordered the youths to disembark before they attacked the MDC supporters.

Bubi-Umguza
· Doug Folwell, a farm manager, received death threats from unnamed war veterans in late June. The war veterans are illegally settled on four farms that make up a project under construction for an ostrich egg hatchery. The farms are Mimosa Park, Richardson Farm, Buske’s Farm and Dollar Block. Since the four farms were delisted the war veterans have embarked on a campaign of destruction. They recently cut off water to the farm, resulting in the death of ostriches

Buhera
· On 9 June war veterans dismissed 32 teachers in Buhera North who were suspected of supporting the MDC. Regional Director of Education for Manicaland, Winnie Chirimamhunga, says the Ministry is investigating the matter. The war veterans also dismissed three headmasters, Petros Muchena of the Mushongwe Primary School, Kudzai Chibata of the Gosho Primary School and George Chitura of the Murohwe Primary School.
· Mbego Mawire and eight unnamed headmen were stripped of their badges by war veterans for allegedly supporting the MDC. The headmen held meetings two weeks previous with Shuvai Mahofa (Deputy Minister for Youth Development, Gender and Employment Creation), Oppah Muchinguri (Provincial Governor for Manicaland), Kenneth Manyonda (Buhera North MP) and Kumbirai Kangai (Buhera South MP). The meetings were allegedly to formulate strategies to boost support for ZANU (PF).
· 18 teachers suspected of supporting the MDC were dismissed by war veterans on 18 June. This brings the total number of teachers victimised for their support of the MDC to 50. The teachers have been told to ‘sort out their problems with the former fighters or risk being removed from the government payroll’. They have also been told to go to the ZANU (PF) village executives and denounce their membership of the MDC. The teachers are from Zvenyika, St. George’s, Mafurutse, Manjokota, Mushongwi, Muzokomba Primary Schools and Matsakanure and Zvembira Secondary schools.
· Many villages in Buhera have been invaded by CIO members and war veterans to intimidate MDC supporters. Local MDC branch secretary Willard Magadzire had his homestead burnt and also had over $100 000 worth of property destroyed. Many MDC members have fled into the mountains to escape the violence. Included in the terror campaign is the village of Nerutanga, the home area of MDC President Morgan Tsvangirai. Tsvangirai won a court challenge nullifying the election of ZANU (PF) MP Kenneth Manyonda. If the ruling stands up to appeal, a by-election will be called to determine a new MP.

Bulawayo

· On 7 June, Zimbabwe National Student Union (Zinasu) President Nkululeko Sibanda was arrested and charged with inciting violence whilst addressing students. Sibandu’s whereabouts are currently unknown. Lawyers have checked register of Bulawayo Central Police Station but did not find their client’s name on the register.

Chegutu

· Henry Ngundu, Lovemore Jamini, Prisca and other farm occupiers were attacked with spears and stones in June by unnamed farm workers at Herui Source Farm. Ngundu was seriously inured and admitted to Norton Hospital. Jamini was treated and discharged. Thirty shelters were set on fire.
· 30 unnamed farm workers were brutally assaulted on 10 June by police for their involvement in a clash with farm invaders. The workers were then arrested. The farm workers had assaulted war veterans and farm invaders after a dispute over firewood and thatching grass.

Harare

· Farm owner Richard Thorne is alleged to have incited his farm workers on Blackforby Farm to attack 15 war veteran occupiers leading to violent clashes between the workers and the war veterans. Thorne denies the allegation saying he was in Kwekwe at the time. Moreblessing Kwasi was hit on the head with an axe and lost a finger as she tried to block the blow. Several others were injured in clashes between war veterans and farm workers. Thorne and 23 workers were arrested, charged with public violence, and remanded to 26 June on $500 bail each. Thorne was remanded on $5,000 bail and also ordered to surrender his passport.

· Zondiwa Dumukani was assaulted by unnamed youths and eight war veterans on 9 June at Blackfordby Farm. He died of head injuries. ZANU (PF) supporters were forcing workers to attend a meeting at the farmhouse when they met Dumukani going to look for his son and accused him of attempting to run away, which led to his assault. Police took Dumukani to Waterfalls police station while he bled heavily from the mouth. An ambulance was then called to take him to hospital where he died. There was a heavy police presence at the farm when the assault took place. The ZBC crew is alleged to have filmed the assault as it took place. One of the assailants is alleged to be a form three pupil at Zengeza 3 High School.

· An unnamed victim on 11 June was abducted by Lovemore Sithole Machengedzera and seven unnamed perpetrators. He was taken to St. Peter’s Kubatana School where he was interrogated until he collapsed and fainted. Machengedzera was arrested, charged with kidnapping and remanded on $3,000 bail.

· Three ZANU (PF) supporters, George Mubvanyika, Sitiya, and Mudiwa assaulted Willias Madzimure, the MDC MP for Kambuzuma on 17 June. He was assaulted in front of four police officers. The previous day Madzimure had received a death threat from ZANU PF supporters. The three assailants were released without charge.

Hurungwe East

· ZANU (PF) supporters illegally pegged Le Don de Dieu and Ramona Farms for resettlement. They threatened the two unnamed farm owners with death if they tried to stop the action.

Kwekwe

· On 5 June, at Kwekwe Technical College, members of the ZRP and the CIO arrested Zinasu President, Nkululeko Sibanda while he was addressing some students. They handed him over to the CIO and taken to CIO headquarters where after he was ordered to remove his shoes, he was beaten on the soles of his feet. He was also ordered to do press-ups and sit-ups. Sibanda was released around 10pm and warned by the police not to come to Kwekwe ever again. If he did, he was told that he would disappear. Sibanda was accused of being sympathetic to the MDC. Two other student leaders were also arrested. Sibanda has been charged with inciting violence.

· On 5 June, at Kwekwe Technical College, members of the ZRP and the CIO arrested Zinasu committee members, Patikai Kureba and Kossam Zulu while they addressed a group of students. Zinasu President Nkululeko Sibanda was also arrested during the same incident and handed over to the CIO who tortured him. The students were accused of heading demonstrations, which the government alleges are being sponsored by the MDC to trigger nationwide civil strife in an attempt to dislodge the government.

Mazowe West

· On 2 June, in Chiweshe, ten heavily armed members of the ZRP abducted the son of the MDC chairperson of Mazowe district, Tichafa Chiyemba from his family home. Chiyemba hasn’t been seen since. The policemen had previously shut down the Chiyemba family’s supermarket and locked up Tichafa’s car.

Murehwa

· In June the farms of Macheke, Marondera, Alexandra, Home Park, Cambridge, Ulva, Plumstead and Upton were invaded by ZANU (PF) supporters and war veterans. The unnamed farmers received letters in which they were threatened with death.

Mwenezi

· On 5 June, war veterans assaulted the Mwenezi DA, Green Nyashanu. The war veterans closed the DA’s offices and demanded the immediate transfer of Nyashanu. They accused Nyashanu of delaying the land redistribution exercise by not speeding up the pegging of designated properties.

Nkavi

· The homestead of Aaron Fanison Moyo was burnt to ashes on 6 June 2001 by MDC supporters.
· Ten unnamed MDC supporters were abducted and detained by war veterans on 14 June. They were held for three days at Gourlays farm and severely assaulted. No action has been taken against the perpetrators.
· Unnamed ZANU (PF) youths and war veterans were assaulted on 20 June by MDC supporters. The incident was suspected to have been a revenge attack for the abduction of ten MDC supporters six days earlier.

Ruwa
· Raids on private businesses continued as the Zimbabwe Federation of Trade Unions, run by war veteran leader Joseph Chinotimba, raided Club Construction, Hy-Veld Seed Company, Budget Foods, Maize for Africa, Tuffman, Aurex and nine other companies in June. Company officials said that the invaders allegedly arrived to intervene on behalf of labor disputes but tried to extort money while there. One company director claims that a ZFTU official said, ‘we don’t need to follow the law in Zimbabwe. We are going to fix you in another way if you fail to honour our demands.” The ZFTU was revived recently mainly by war veterans as a challenge to the more well established Zimbabwe Congress of Trade Unions.

Seke
· A gang who urged him to defect to the MDC dragged David Gwinyai out of his home in the early hours of June 17. He was beaten severely and treated at Chitungwiza General Hospital. Mr. Gwinyai identified William Matienga as his attacker and also saw seven youths with him. Matienga is currently facing charges of kidnapping and assault with intent to cause grievous bodily harm.

Zvimba
· In early June six unnamed residents of Long Valley Farm, two adults and four children, went missing after clashes between farm workers and invading war veterans. Their whereabouts have yet to be ascertained.