Online Reporter
Fidelis Munyoro, Chief Court Writer
THE High Court in Bulawayo has ruled that the acquisition of farmland owned by Kershelmar Farms (Private) Limited was unlawful and unconstitutional. The land, which was gazetted for compulsory acquisition by the Minister of Lands, Agriculture, Water and Rural Resettlement in December 2020, had been at the centre of a legal dispute between the State and the farm’s owners — indigenous Zimbabweans.
“This acquisition represents a blatant disregard for the principles of legality. The Constitution and the Administrative Justice Act demand procedural fairness and substantive compliance. None of these were observed here,” declared Justice Bongani Ndlovu in a judgment delivered on Monday.
The applicants — Siphosami Patrick Malunga, Zephaniah Dhlamini, and Charles Moyo — directors and shareholders of Kershelmar Farms, approached the court arguing that the acquisition process was fundamentally flawed.
They contended that the Minister failed to consult them prior to gazetting the farm, thereby violating their constitutional right to administrative justice under Section 68. They also emphasised their status as indigenous Zimbabweans, who had legally purchased the farm in 2017.
The court heard that the applicants were not given prior notice or an opportunity to make representations before the acquisition.
“The failure to involve the farm owners in the process is a denial of their fundamental rights. Taking land from one group of black Zimbabweans to give to another undermines the very purpose of land reform,” stated Justice Ndlovu.
The respondents raised several preliminary objections, including claims of improper procedure, lack of jurisdiction, and “dirty hands” on the part of the applicants.
Justice Ndlovu dismissed these objections, describing them as meritless distractions from the core issue: the legality of the acquisition process.
“The Constitution does not permit arbitrary land grabs. Rationality and adherence to due process are the bare minimum. This acquisition fails both tests,” the judge said, rejecting the argument that the acquisition was for public benefit.
The court also dismissed claims that the farm transaction — specifically the sale of shares in Kershelmar Farms — was a simulated arrangement designed to circumvent land laws.
Justice Ndlovu ruled that the legality of the share transfer was not in dispute and could not be used to justify the unlawful acquisition of the farm.
While the court did not delve into the political implications, it affirmed that administrative actions must be impartial and lawful.
The judgment declared the acquisition null and void, including any offer letters issued to prospective beneficiaries.
“An offer letter cannot stand on a foundation of illegality,” Justice Ndlovu stated.
