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The Esidakeni Farm case involving human rights lawyer Siphosami Malunga, Zephania Dlamini, Charles Moyo, and the State has been struck off the roll with High Court Judge, Justice Bongani Ndlovu saying the case file was not in order.
According to <a href="https://www.sundaynews.co.zw/esidakeni-farm-case-struck-off-the-roll/">The Sunday News</a>, Justice Ndlovu on Friday told the parties to agree on filing proper records by May 31, and thereafter, a new date will be set by the Registrar of the Court.
The reason for removing the case from the court roll was that when the court migrated from the physical system to the digital Integrated Electronic Case Management Systems (IECMS), there was misfiling and some information was left out. Said Justice Ndlovu:
<blockquote>
The matter is hereby removed from the roll owing to inadequate merging with the following order; Parties are to liaise and come up with one definitive file. The applicants will then upload the definitive file no later than 31 May 2024 on the Integrated Court Management System (ICMS) and the Registrar will then set the matter down in consultation with this court.
</blockquote>
Malunga and his partners were represented by Advocate Thabani Mpofu. They are challenging the seizure of their Esidakeni Farm in Umguza, Matabeleland North by the government.
In their application, the trio cited the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development, Chief Lands Officer Matabeleland North, Registrar of Deeds, Mazithulela, Minister of State for Matabeleland North Richard Moyo and persons who were allocated land at the property as respondents.
Malunga and partners argued that they bought the farm from its former owner based overseas. They claim Esidakeni Estate has now been sub-divided and offered to just over a dozen politically connected individuals.
Lands Minister, Anxious Masuka, is challenging the court application by the trio who are seeking nullification of the gazetting of the farm saying Esidakeni Farm was acquired by the Government in terms of the Gazetted Lands (Consequential Provisions) Act in December 2020.
The farm previously belonged to Keshelmar Farms (Pvt) Ltd.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Esidakeni Farm Case Struck Off The Roll

The Bulawayo High Court has ordered ZANU PF-linked NUST lecturer Dumisani Madzivanyathi to pay US$340 000 to Esidakeni farm owners in Nyamandlovu in Matebeleland North.
Madzivanyathi and ZANU PF Secretary for Administration, Obert Mpofu have refused to vacate the property despite <a href="https://zero.pindula.co.zw/esidakeni-farm-wrangle-supreme-court-upholds-order-to-evict-obert-mpofu/">two Supreme and High Court orders for them to do so.</a>
Madzivanyathi, who has businesses in Bulawayo, was sometime this year ejected from the property by the Deputy Sheriff but defied the move.
Simposami Malunga and his two partners Zephaniah Dhlamini and businessman Charles Moyo were forced to approach the High Court after Madzivanyathi allegedly tampered with the irrigation system and deprived water to various crops, which later wilted.
Madzivanyathi was then ordered to pay nearly US$340 000, NewZimbabwe.com reported citing High Court judge Justice Martin Makonese’s judgment. Reads part of Justice Makonese’s judgment:
<blockquote>
It is ordered that defendant pay the plaintiffs the amount of US$339 660.00 (three hundred and thirty nine six hundred and sixty thousand United States Dollars) or the equivalent amount in Zimbabwean dollars at the applicable interbank rate on the date of payment, interest on the above amount at the rate of 58 per annum, costs of suit.
</blockquote>
Malunga and his partners had argued that they lost 150 000 planted tomatoes and 65 000 butternut crops as a result of the defendant’s disruptions at the farm.
They also accused Mpofu of stealing farm produce at the farm.
Esidakeni farm has been at the centre of an ownership battle after the Minister of Lands, Agriculture, Water, and Rural Resettlement Anxious Masuku allocated part of the land to Mpofu and other beneficiaries.
Malunga and partners argue that Masuka’s conduct was in violation of laws which forbid the seizure of land owned by black farmers. 
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Esidakeni Farm Wrangle: NUST Lecturer Ordered To Pay US$340K To OSISA Director

The owners of Keshelmar Farm, also known as Esidakeni Farm in Nyamandlovu, Matabeleland North province, have turned down an offer by ZANU PF secretary for administration Obert Mpofu to conduct a physical inspection of the disputed farm.
The inspection was meant to refute claims that Mpofu blocked them from accessing their property.
Esidakeni Farm owners Siphosami Malunga, Charles Moyo and Zephania Dhlamini have written to Mpofu through their lawyers Webb, Low and Barry insisting that they will only meet him in court. Read the letter by Webb Low and Barry:
<blockquote>
Your letter of the 26th refers: We have received a notice of set down and we just have to argue this matter and we will be bound by the results.
</blockquote>
The letter was addressed to Mpofu’s lawyers, Ndove and Associates.
Mpofu last week wrote to the trio saying they should allow for a physical inspection to be done on the farm as he refuted claims that he had blocked them from accessing the property.
The former Mines minister had been accused of deploying armed guards to deny his rivals access to the farm.
In a letter to Mpofu’s lawyers dated January 24, lawyers representing Malunga and his co-partners accused Mpofu of denying their clients access to the farm. The lawyers wrote:
<blockquote>
Can you please ask your client to remove forthwith the armed guards from the gate and the cottage and to allow our clients to harvest their cabbages?
</blockquote>
In response, Mpofu’s lawyers denied that there were crops belonging to the trio at the portion of the farm. Mpofu’s lawyers said: 
<blockquote>
Ours further deny that yours has any crops planted or to be harvested in the area occupied by ours. Indeed, ours challenges yours for a physical inspection of the farm to disprove yours’ assertions.
For the record, should it be proved that there are any crops belonging to yours in the land occupied by ours, then ours would gladly allow yours to access same pending the Supreme Court appeal.
Our client also has crops on its land and would not allow your exclusive occupation as the same purported losses yours fears may visit ours if operations on the farm are not managed correctly.
</blockquote>
Malunga, Moyo and Dhlamini have argued in court papers that they bought the farm from white former owners in 2017.
Mpofu was allocated 145 hectares of Esidakeni Farm, measuring 553 hectares in the name of his company Mswelangubo.
The trio has challenged the acquisition of their farm, and the matter is pending before the courts. 
More: <a href="https://www.newsday.co.zw/2022/02/mpofu-farm-grab-case-takes-new-twist/">NewsDay Zimbabwe</a>

Esidakeni Farm Takes New Twist As Mpofu Invites Malunga And Colleagues For Farm Inspection

Human Rights activist and the executive director of the Open Society Initiative for Southern Africa (OSISA), <a href="https://www.pindula.co.zw/Siphosami_Malunga">Siphosami Malunga</a> has said former Mines Minister, <a href="https://www.pindula.co.zw/Obert_Mpofu">Obert Mpofu</a> has invaded Esidakeni Farm. 
Malunga says Mpofu who is the current Secretary for Administration in the ruling ZANU PF, sent his sons to the contentious farm also known as Kershelmar Farm in Nyamandlovu, Matabeleland North Province, and they chased away farmworkers. Said Malunga:
<blockquote>
I just received a message from my partner Zeph Dhlamini at Esidakeni. @DrObertMpofu sent his son &amp; scores of people there. They are ploughing our fields. They chased our workers from the irrigation points &amp; threatened them against taking pictures. This is what Zimbabwe has become.
We will defend our rights. We will evict him &amp; his people and we will not rest until he answers for his corrupt and criminal abuse of power and authority. We know we are not his only victims. How does @ZANUPF_Official allow and justify this?
So this was the cowardly threat he was making: to invade our farm. Our fathers and other liberation heroes are surely turning in their graves. But we will fight @DrObertMpofu. He does not intimidate us.
</blockquote>
Malunga co-owns Esidakeni with businessman Charles Moyo and Zephania Dhlamini, after acquiring it in 2017 from Barry Brice, David Power and Jeffrey Swindells. Kershelmar owns the coveted former dairy farm.
However, in a state gazette, Lands minister <a href="https://www.pindula.co.zw/Anxious_Masuka">Anxious Masuka</a> said the farm was compulsory acquired under section 72(2) of the country’s constitution.
According to an offer <a href="https://news.pindula.co.zw/2021/11/05/zanu-pf-stalwart-obert-mpofu-grabs-part-of-disputed-esidakeni-farm/">letter dated 30 June 2021,</a> Masuka allocated 145 hectares of the farm to Mpofu’s company Mswelangubo Farm.
Part of the land was also allocated to Dumisani Madzivanyati a Bulawayo businessman and <a href="https://www.pindula.co.zw/National_University_of_Science_and_Technology">NUST</a> lecturer who was recently ordered by the High Court to stop interfering with the farm operations at Esidakeni.
<a href="https://www.pindula.co.zw/Central_Intelligence_Organisation">Central Intelligence Organisation (CIO)</a> co-deputy director-general Gatsha Mzithulela and CIO operative Reason Mpofu have been identified as the other people behind the farm seizure. 
<h2>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Malunga Says Former Minister Obert Mpofu Has Invaded Esidakeni Farm

The Bulawayo High Court has ordered Dumisani Madzivanyati, a lecturer at the National University of Science and Technology (NUST) to leave <a href="https://zero.pindula.co.zw/nust-lecturer-attempts-forcible-takeover-of-esidakeni-farm/">Esidakeni farm he had invaded in July.</a>
Madzivanyati occupied Esidakeni Farm in Umguza, Matabeleland North, claiming the Lands Ministry had allocated him a portion of the 555-hectare property.
Esidakeni is owned by Kershelmar Farms (Pvt) Ltd, a company whose shareholders are the human rights advocate Siphosami Patrick Malunga, NUST scientist Zephaniah Dhlamini and gold miner Charles Moyo.
Justice Martin Makonese also slapped Madzivanyati with costs after ruling he had no authority to take matters into his own hands. Justice Makonese ruled last Friday:
<blockquote>
There can be no doubt that respondent (Madzivanyati) has sought to resort to self-help in attempting to assert what he perceives as his rights. Respondent has no right to resort to self-help,” 

In the result, the applicants have clearly satisfied the requirements for a spoliation order.
The court ordered Madzivanyati and individuals claiming ownership of the farm through him to “remove or cause the removal of themselves and all such persons within 24 hours.
</blockquote>
Justice Makonese ordered Madzivanyati to “restore to the applicant possession of all its farming equipment including irrigation pipes.” within 24-hours adding that the sheriff of this court or his lawful deputy will evict him if he fails to do so.

The court heard that Madzivanyati caused disruptions at the farm, tampered with the borehole, and made his own connections and installations starving the applicants’ tomatoes and butternut crops of water.
This then prompted the trio to approach the High Court with an urgent chamber application seeking to interdict Madzivanyati from interfering, which was granted. 
More: <a href="https://www.zimlive.com/2021/10/11/esidakeni-farm-invader-madzivanyati-kicked-out-by-high-court/">ZimLive</a>

NUST Lecturer Kicked Off Esidakeni Farm

A National University of Technology (NUST) lecturer on Thursday night attempted a forcible takeover of a <a href="https://news.pindula.co.zw/2021/06/15/farm-owned-by-osisa-director-malunga-seized/">disputed Esidakeni farm which is currently the subject of a court battle.</a>
ZimLive reports that Dumisani Madzivanyati and his associate Davison Gumbo shut down a borehole and irrigation pumps at Esidakeni Farm in Umguza, Matabeleland North, before changing the gate locks.
The duo also dismissed dozens of workers from the farm.
On Friday morning, Zephaniah Dhlamini who co-owns the farm with Open Society Initiative for Southern Africa (OSISA) executive director Sipho Malunga and Charles Moyo – arrived at the farm with police officers and confronted Gumbo, who was later arrested.
Dhlamini, a scientist at NUST, accused Gumbo of trespassing and challenged him to produce any documentation indicating he was the owner, which the latter failed to do. In an audio clip posted online, Dhlamini is heard saying:
<blockquote>
Why are you trespassing on my farm, and why are you trying to prohibit me from entering my farm without any documentation?
By what authority am I no longer allowed into my farm? What gives you the authority to shut down my farming machinery and evict my workers on my farm?
Who has sent you Gumbo, this matter is before the courts, are you Madzivanyati’s lapdog?
</blockquote>
Gumbo insisted that he did not know Madzivanyati, but Dhlamini reminded him that he was in the company of Madzivanyati only a day earlier when they shut down the borehole.
On the audio, Gumbo threatens a police officer accompanying Dhlamini with unspecified action while invoking unnamed higher political powers if the police officer insisted on ordering him to leave. He said:
<blockquote>
I’m sure you can see we didn’t run away, it’s because Dhlamini no longer has jurisdiction, authority and right to be here. If you’re to back him and support him against the authority we have, we’ll have no choice but to take action.
When we take action against you for supporting Dhlamini, the time will come when you have to stand by yourself as a police officer to explain your actions against the authority we have.
</blockquote>
The unidentified police officer appealed to both parties to resolve the matter amicably adding as “as police officers, we don’t take sides.”
In a later update on Saturday, Malunga said Davison Gumbo was arrested.
The farm dispute started in June when owners, who bought the property in 2017, became aware of a Government Gazette issued in December 2021 which stated that the state was compulsorily acquiring the farm “for purposes of agriculture resettlement” under section 72(2) of the constitution.  
The matter is pending at the High Court where the owners are challenging the acquisition. 
More: <a href="https://www.zimlive.com/2021/08/07/nust-lecturer-in-aggressive-new-push-to-grab-esidakeni-farm-police-step-in/">ZimLive</a>

NUST Lecturer Attempts Forcible Takeover Of Esidakeni Farm

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