Esidakeni Farm: High Court kicks out invader

Source: Esidakeni Farm: High Court kicks out invader – NewsDay Zimbabwe

THE Bulawayo High Court has ordered Dumisani Madzivanyati, who invaded Esidakeni Farm owned by Siphosami Patrick Malunga, to immediately vacate the property.

Siphosami is the son to the late national hero Sydney Malunga.

In July this year, Madzivanyati invaded Esidakeni Farm, despite government saying black-owned farms should not be invaded.

Malunga jointly owns the farm with National University of Science and Technology scientist Zephaniah Dhlamini and gold miner Charles Moyo.

The trio had through its company Kershelmar Farms (Pvt) Ltd challenged the repossession of its farm.

Madzivanyati yesterday lost the case with costs.

In his judgment, High Court judge Justice Martin Makonese said Madzivanyati had no right to take matters into his own hands.

“There can be no doubt that the respondent has sought to resort to self-help in attempting to assert what he perceives as his rights. Respondents have no right to resort to self-help. In the result, the applicants have clearly satisfied the requirements for a spoliation order,” Justice Makonese said.

“The respondent and all persons claiming ownership through him shall remove or cause the removal of themselves and all such persons within 24 hours from the date of this order from the farm situated in the district of Nyamandlovu, being subdivision A of sub-division B of Umguza, measuring 195 8095ha, and collectively known as Esidakeni Farm.”

Madzivanyati was also ordered to restore all farming equipment, including irrigation pipes to the applicants within 24 hours, failure of which the sheriff would be ordered to direct eviction.

Kelshemar Farms is the owner of Esidakeni Farm, held under Deed of Transfer 1980/90.

The Lands ministry acquired the farm by way of notice of acquisition published in the Government Gazette of December 18, 2020.

The shareholders of Kershelmar Farms have initiated court proceedings seeking to nullify the purported acquisition and subsequent offer letters granted as a result of the said acquisition under case number HC 1054/21. The matter is still pending.