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 The Sunday News, 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:
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.
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.
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