High Court gives Malunga farm invaders 24hrs to vacate Esidakeni
By Staff Reporter | Nehanda Courts |
The High Court in Bulawayo has ordered Dumisani Madzivanyati, who invaded Esidakeni Farm owned by The Open Society Initiative for Southern Africa (OSISA) boss Siphosami Malunga and others, to vacate the property within 24 hours.
Malunga is the son to the late national hero Sydney Malunga.
In July this year, a National University of Science and Technology (NUST) lecturer, Madzivanyati invaded Esidakeni Farm, which is jointly owned by Malunga, Zephaniah Dhlamini and gold miner Charles Moyo.
Through a company Kershelmar Farms (Pvt) Ltd the trio challenged the repossession of its farm and Madzivanyati yesterday lost the case with costs before High Court judge Justice Martin Makonese
In his judgment, Justice Makonese said Madzivanyati had no right to take matters into his own hands. The judge also ordered Madzivanyati 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.
“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.”
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.
Although the Government of Zimbabwe claimed it had acquired the farm, many analysts are arguing this was punishment for Malunga’s key role in approving the financing of important human rights NGO’s and media organisations in the country via OSISA.
An observer who spoke to Nehanda Radio in June this year, on condition of anonymity, said it wasn’t surprising that Malunga was “being punished” because the organisation that he leads plays a significant role in promoting democracy in Zimbabwe.
“It’s not surprising. OSISA plays a significant role in Zimbabwe. It is one of the biggest funders of many NGOs in Zimbabwe and Africa. He is being punished for that,” the observer said.
He added “I don’t even know why these people (Zanu PF) hate democracy”. Nehanda Radio