Online Reporter
Peter Matika [email protected]
THE HIGH Court of Zimbabwe has concluded the wrangle over Esidakeni Farm located in Nyamandlovu, where the State and several other respondents were challenging ownership of the farm from three individuals, namely Siphosami Malunga, Zephania Dlamini and Charles Moyo.
The case had been struck off the court roll in 2024, after the presiding Judge Justice Bongani Ndlovu noted that the case file was disorganised.
Justice Ndlovu had at the time directed that the file be rectified by May 31, 2024.
Cited in the suit are the 11 respondents, namely the Minister of Lands, Agriculture, Fisheries, Water, and Rural Development, the Chief Lands Officer for Matabeleland North province, the registrar of deeds, Gatsha Mazithulela,
Dumisani Madzivanyathi, Reason Mpofu, the Minister of State for Matabeleland North Province, Mswelangubo Farm, Obert Mpofu, Legina Muchimba and Lovemore Jiyane.
In his recent ruling, Justice Ndlovu said any offer letter issued based on the purported acquisition is null and void.
Justice Ndlovu said it was a common cause that on June 14, 2021, the Chief Lands Officer, Matabeleland North, who was cited as the second respondent in the matter, called the applicants and informed them that their farm had been gazetted for acquisition.
“The acquisition was published in the Zimbabwe Government Gazette of 18 December 2020. In acquiring the farm, the minister did not invite or input representation from the fourth respondent, or its owners, who naturally have a substantial interest in the farm,” he said.
“The applicants were not formally informed by the administrative authority of their intention to acquire the farm before the acquisition was gazetted,” Justice Ndlovu said.
In passing his judgement Justice Ndlovu said: “Deed of Transfer 1980/90, registered in the name of Kershelmar Farms (Private) Limited, in respect of certain piece of land situated in Nyamandlovu, being subdivision C of
Subdivision B of Umguza Block, measuring three hundred and fifty-eight comma one seven six eight (358,768) hectares, is null and void for want of compliance with provisions of section 72 of the Constitution of Zimbabwe, 2013.”
The Esidakeni Farm dispute has been ongoing, with various legal actions and counteractions between the parties involved.
The farm, located in Nyamandlovu, was reportedly purchased by Malunga and his partners in 2017, but was later gazetted for compulsory acquisition by the government in 2020.
This led to a legal battle, with the initial owners challenging the acquisition and facing charges of occupying gazetted land without authority.
The case was initially set for a hearing, but the High Court, during the process of transitioning to a digital case management system, discovered that the case record was not properly filed.
The State, through the Minister of Lands, Agriculture, Fisheries, Water, and Rural Development, Dr Anxious Masuka, had been contesting the trio’s application to nullify the gazetting of the farm.
It was previously owned by Keshelmar Farms (Pvt) Ltd. Subsequently, 16 beneficiaries were allocated the land under the Land Commission Act.
