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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

Police have arrested two co-directors of Kershelmer Farms (Private) Limited, also known as Esidakeni Farm located in Nyamandlovu, Matabeleland North Province.
Zephaniah Dhlamini and Charles Moyo were arrested on Sunday night and were taken to Nyamandlovu Police Station where they are detained.
The farm was invaded by ZANU PF secretary for administration Obert Mpofu and a handful of politically connected claimants last year before they were ordered to vacate the land by the courts.
Police accuse prominent rights advocate Siphosami Malunga and his colleagues of occupying state land without authority.
Malunga, who is being sought by the police over the same allegations brought against his colleagues, said on Sunday he was preparing to hand himself to the police.
Posting on Twitter, Malunga condemned the police for the nocturnal arrests and seeming disregard for court decisions. He said:
<blockquote>
Last night my co-directors at Esidakeni Farm were arrested. This is a blatant abuse of power, state resources, institutions and officials.
The aim is to undermine judicial decisions by the High and Supreme Courts; politically persecute us and violate our fundamental rights. We are not afraid!
There was no need to arrest them after our lawyers had arranged with the Nyamandlovu Police Officer in Charge Matangi to present ALL of us at the same time.
Why arrest them on Sunday night when they knew we were going there? I too will present myself. We have done nothing wrong!
</blockquote>
Malunga and his colleagues purchased Esidakeni Estate, a former dairy farm, in 2017 after buying shares in Kershelmer Farms.
However, the government went on to list the 554-hectare property for compulsory acquisition in 2020.
The three challenged the gazetting of the property through the courts and the matter is still pending.
Lovemore Jiyane and Legina Muchimba, who said they are some of the beneficiaries offered land on the farm by the lands ministry, filed a police report against Malunga and his colleagues resulting in the arrests of Dhlamini and Moyo.
More: <a href="https://www.zimlive.com/2022/08/malunga-business-partners-arrested-as-esidakeni-land-row-escalates/">ZimLive</a>

Malunga Business Partners Arrested For Occupying Esidakeni Farm

Scores of workers at Esidakeni Farm have lost their jobs and have become homeless after ZANU PF secretary for administration Obert Mpofu defied a court order to vacate the farm which he invaded in December last year.
The farm, located in Nyamadlovu, Matabeleland North Province, about 67km from Bulawayo, is owned by human rights lawyer Siphosami Malunga and his business partners Zephaniah Dhlamini and Charles Moyo.
The trio employed more than 150 permanent and casual workers at the farm.
Speaking to NewsDay on Sunday, Dhlamini, who is a lecturer at the National University of Science and Technology (NUST), said:
<blockquote>
When he (Mpofu) moved onto the farm in early December, he found us actively farming. We were harvesting onion which we had grown on 4ha.
We managed to harvest about 50 tonnes of saleable onions and 30 tonnes of small onions that we intended to replant as sets on 2ha this January.
About 1.5ha of onion could not be removed from the fields to the sheds. I am sure it’s all rotten from the heavy rains in the past weeks.
We were also in the process of harvesting butternut. About 20 tonnes could not be harvested and have been stolen by people or damaged by wild pigs.
We had also transplanted over 60 000 cabbages which we intended to sell in December and January when the prices are at their highest. As we speak, these cabbages are rotting in the fields.
Obert found us with a workforce of 45 permanent workers.
We paid our casual workers US$5 per day. All these people are now unemployed. We have about 100 beef cattle on the farm and 20 goats, they have not been dipped or received scheduled vaccinations and dosing as we are denied access to the farm.
</blockquote>
We also had over 200 free-range chickens, we don’t know their status. We left our belongings and 20 tonnes of maize in the main farmhouse. We had locked the farmhouse and its gates.
Reports also indicate that Mpofu deployed armed guards to block the owners and workers from accessing the farm.
Mpofu reportedly refused to comment on the matter when he was contacted by NewsDay yesterday.
<h4>More: <a href="https://www.newsday.co.zw/2022/01/farm-workers-jobless-as-mpofu-defies-high-court/">NewsDay</a></h4>

Esidakeni Farm Workers Rendered Jobless, Homeless

ZANU PF Secretary for Administration, Obert Mpofu, has reportedly started evicting farmworkers from the contested Esidakeni Farm in Nyamadlovu, Matabeleland North Province.
The farm is owned by human rights lawyer Siphosami Malunga and his business partners Zephaniah Dhlamini and Charles Moyo.
Mpofu has reportedly hired armed personnel to keep both the workers and the owners of the farm out.
Malunga, Dhlamini and Moyo bought Esidakeni in 2017 from white farmers through Kershelmar Farms (Private) Limited.
The trio has, however, been struggling to retain ownership as the State compulsorily acquired the farm in 2020 via a Notice of Acquisition General Notice 3042 that appeared in a government gazette.
Zimbabwe’s laws empower the Minister of Lands, Agriculture, Water and Rural Resettlement to compulsorily acquire land without paying compensation except for improvements.
Mpofu and his wife, through their company, Mswelangubo Farm, were offered 145 hectares of Esidakeni Farm. The farm measures 553 hectares in total.
In December last year, High Court judge Justice Evangelista Kabasa gave Mpofu a 24-hour ultimatum to vacate the farm. Mpofu immediately filed a notice to appeal the ruling.
Malunga and partners argue Mpofu’s occupation of Esidakeni Farm is illegal considering he owns multiple farms.
Speaking during an interview with CITE, Dhlamini revealed that Mpofu had started evicting their workers using the armed guards to keep them out. Said: Dhlamini:
<blockquote>
The eviction started on Tuesday. When they moved into the farm, we did a court order and applied to the High Court for them to go.
They applied to the Supreme Court and must have listened to the High Court order but they remained put there.
The procedure is the judgment must be executed pending an appeal, which they must launch from outside the farm.
They hired armed people with guns who are manning the place and are stopping people from moving in.
Even us owners are not allowed to go inside. We understand the armed people are from one security company.
</blockquote>
Dhlamini added that their crops which had planted were dying as they are not being tended to. He said:
<blockquote>
We have three compounds where our workers stay and they went to one of them and evicted our people.
There is no recourse, as we did try to go to the police, asking them to go put law and order there at the farm but the police said without a court order they cannot do anything.
</blockquote>
<h4>More: <a href="https://cite.org.zw/obert-mpofu-evicts-esidakeni-farm-workers/">CITE</a></h4>

Obert Mpofu Evicts Malunga's Workers From Esidakeni Farm

High Court judge Justice Evangelista Kabasa on Thursday gave ZANU PF secretary for administration Obert Mpofu a 24-hour ultimatum to vacate Esidakeni Farm in Nyamadlovu, Matabeleland North or face eviction.
Justice Kabasa granted an application by the human rights lawyer Siphosami Malunga, a son to the late national hero Sydney Malunga, and business partners Zephaniah Dhlamini and Charles Moyo who claim ownership to the 550-hectare which Mpofu invaded.
The trio said in court papers that they bought the farm from its former white owners in 2017. They argued that attempts to deprive them of the farm are unconstitutional.
The judge said Mpofu, his wife Sikhanyisiwe “and all those claiming occupation through them must vacate the farm within 24 hours failing which the Deputy Sheriff of the High Court with the assistance of the police must evict them.”
Mpofu and his wife, Sikhanyisiwe, who are joint owners of Mswelangubo Farm, have filed a notice to appeal the ruling.
In December 2020, the Government gave notice of its intention to seize Esidakeni Farm for resettlement.
Zimbabwe’s laws empower the Minister of Lands, Agriculture, Water and Rural Resettlement to compulsorily acquire land without paying compensation except for improvements.
Mpofu and his wife, through their company, Mswelangubo Farm, produced an offer letter for 145 hectares of Esidakeni Farm.
Malunga, Moyo and Dhlamini have challenged the compulsory acquisition of the farm and the matter is still pending at the High Court.
<h4>More: <a href="https://www.zimlive.com/2021/12/24/high-court-kicks-out-obert-mpofu-and-wife-from-esidakeni-farm/">ZimLive</a></h4>

High Court Orders Obert Mpofu, Wife To Vacate Esidakeni Farm

Former Mines Minister Obert Mpofu, who is the ZANU PF secretary for administration, was allocated part of the hotly disputed Kerlshmar Farm in Nyamandlovu, Matabeleland North Province.
Mpofu, who reportedly owns two farms, was allocated 145 hectares of Kerlshmar Farm which measures 553 hectares and is co-owned by Siphosami Malunga, the son of former ZAPU stalwart Sydney Malunga.
As ZANU PF secretary for administration, Mpofu is the fifth most senior figure in the party. According to <a href="https://www.zimlive.com/2021/11/05/multiple-farm-owner-obert-mpofu-offered-part-of-disputed-esidakeni-farm/">ZimLive,</a> Mpofu exerts a lot of influence in Matabeleland North, where he owns a sprawling farm with over 1 000 cattle and another farm close to his homestead in Nyamadlovu where he previously grew tobacco.
Malunga who is Open Society Initiative for Southern Africa (OSISA) director, co-owns Kershelmar Farms (Private) popularly known as Esidakeni with businessman Charles Moyo and Zephania Dhlamini, a scientist working at the National University of Science and Technology (NUST).
In 2017, Malunga, Dhlamini and Moyo acquired Kershelmar Farms (Pvt) Ltd from Barry Brice, David Power and Jeffrey Swindells. Kershelmar owns the coveted former dairy farm.
However, in a state gazette, Lands minister Anxious Masuka said the farm was compulsory acquired under section 72(2) of the country’s constitution.
According to an offer letter dated 30 June 2021 seen by CITE, Masuka parcelled out 145 hectares of the farm to Mpofu’s company Mswelangubo Farm. Wrote Masuka:
<blockquote>
I am pleased to offer to Mswelangubo Farm the following farm, which was compulsorily acquired in Umguza district Matabeleland North province for use by the Mswelangubo Farm.
Please note that the land in question is for institutional use by Mswelangubo Farm and shall remain state land on which terms and conditions for state land apply.
</blockquote>
Contacted for comment by CITE, Mpofu said he was not at liberty to comment as the matter is sub judice. He said:
<blockquote>
Do you want me to talk about something that is in court? This is the same case that is in the court so I cannot do that, as the matter is being handled in the courts.
Let’s wait until the case is solved at the court then we can talk about what is happening.
</blockquote>
Part of the land was also parcelled out to Dumisani Madzivanyati a Bulawayo businessman and NUST lecturer.
This week Madzivanyati was ordered by the High Court to stop interfering with the farm operations at Esidakeni.
Central Intelligence Organisation (CIO) co-deputy director-general Gatsha Mzithulela and CIO operative Reason Mpofu have been identified as the other people behind the farm seizure.
<h4>More: <a href="https://cite.org.zw/obert-mpofu-grabs-145ha-of-esidakeni-farm/">CITE</a></h4>

ZANU PF Stalwart Obert Mpofu Grabs Part Of Disputed Esidakeni Farm

Zephania Dlamini, a scientist working at Nust, Siphosami Malunga, the son of late nationalist Sydney Malunga and Open Society Initiative for Southern Africa (OSISA) director, and businessman Charles Moyo, the co-owners of Esidakeni farm in Nyamandlovu have been dragged to court over an alleged assault of a rival.
Dumisani Madzivanyati claims that he sustained head injuries after he was allegedly struck with an iron rod early this month by co-owners of the highly contested farm also known as Kershelmar Farm in Matabeleland North province.
<ol>
<li><a href="https://zero.pindula.co.zw/cio-big-shot-dragged-to-court-over-esidakeni-farm-seizure/">CIO Big Shot Dragged To Court Over Esidakeni Farm Seizure</a></li>
<li><a href="https://zero.pindula.co.zw/cio-big-shot-behind-malunga-farm-grab/">CIO Big Shot Behind Malunga Farm Grab</a></li>
<li><a href="https://zero.pindula.co.zw/osisa-director-malungas-partner-physically-attacked-in-farm-row/">OSISA Director Malunga’s Partner Physically Attacked In Farm Row</a></li>
<li><a href="https://zero.pindula.co.zw/osisa-director-malunga-colleagues-write-to-lands-minister/">OSISA Director Malunga, Colleagues Write To Lands Minister</a></li>
<li><a href="https://zero.pindula.co.zw/no-going-back-on-malunga-farm-confiscation/">‘No Going Back On Malunga Farm Confiscation’</a></li>
<li><a href="https://zero.pindula.co.zw/lands-minister-anxious-masuka-distances-self-from-malunga-farm-grab/">Lands Minister, Anxious Masuka, Distances Self From Malunga Farm Grab</a></li>
</ol>
In a written statement to the police, Madzivanyati, a National University of Science and Technology (Nust) said:
<blockquote>At around 12:00 hours, the accused persons came to where I was and asked what I was doing at their farm. I replied that I was the owner of the farm and they passed. At around 13:00 hours, the accused persons came back to where I was working and started recording a video.
I asked them what was transpiring and Dlamini started insulting me, stating that he was the rightful owner of the farm and also said… What you are trying to do with your government will fail because this case is in the courts.
All the accused persons assaulted me. They struck me once on the head with an iron rod, once on the right arm with an unknown object, grabbed my T-shirt and struck me with fists all over the body.
They also uprooted my fencing poles and took my wires, then cut them into pieces.</blockquote>
A medical affidavit, now used as an exhibit, signed by a United Bulawayo Hospital doctor stated that Madzivanyati still has a pending investigation (brain CT scan) to be reviewed by the general surgeon.
The matter is pending in court.
Meanwhile, Dlamini, Moyo and Malunga have approached the Bulawayo High Court challenging the acquisition of the farm by the government.
More: <a href="https://news.pindula.co.zw">Pindula News</a>; <a href="https://www.newsday.co.zw/2021/07/malunga-farm-ownership-wrangle-turns-nasty/">NewsDay</a>

Esidakeni Farm Wrangle: OSISA Boss, Colleagues Dragged To Court Over Assault