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High Court Orders Obert Mpofu, Wife To Vacate Esidakeni Farm

High Court Orders Obert Mpofu, Wife To Vacate 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.

More: ZimLive


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3 Comments

WILLIAM SONBOY CHINEMBIRI 4 months ago

THERE ARE TWO DRAMATIC EVENTS WHICH OCCURRED IN OUR LEGAL SYSTEM IN 2021.

FIRSTLY, THE CHIEF JUSTICE ORDERED JUDGES NEVER TO ANNOUNCE JUDGEMENTS OF THEIR CASES BEFORE HE SAW THE JUDGEMENTS. JUDGES COMPLAINED THAT IT WAS TANTAMOUNT TO INTERFERING WITH THEIR JUDGEMENTS WHICH SHOULD BE INDEPENDENT. THE CHIEF JUSTICE LATER ON WITHDREW HIS ORDER.

LATER IN THE SAME YEAR THREE HIGH COURT JUDGES PASSED A JUDGEMENT WHICH SAID CHIEF JUSTICE MALABA HAD CEASED TO BE CHIEF JUSTICE ON REACHING THE AGE OF 70 YEARS. THIS JUDGEMENT WAS DRAMATICALLY OVERTURNED ON APPEAL.

THESE TWO INCIDENTS PANEL BEATEN OUR JUDICIARY. FROM MY OBSERVATION JUDGES NOW PASS FAIR AND INDEPENDENT JUDGEMENTS.

IN THIS CASE JUSTICE KABASA GAVE WHAT I CONSIDER TO BE A FAIR JUDGEMENT IN FAVOUR OF HUMAN RIGHTS LAWYER, SIPHOSAMI MALUNGA AND TWO OTHERS AGAINST ZANU PF ADMINISTRATION GURU, OBERT MPOFU AND HIS WIFE.

THE THREE BOUGHT THE FARM FROM ITS FORMER WHITE OWNER IN 2017. THREE YEARS DOWN THE LINE GOVERNMENT GAVE NOTICE OF INTENTION TO ACQUIRE THE FARM FOR RESSETLEMENT. OBERT MPOFU AND HIS WIFE OBTAINED AN OFFER LETTER.

THE WHOLE SCENARIO LOOKS SUSPICIOUSLY EMBEDDED IN POLITICS. THE FARM SEEM TO HAVE BEEN ACQUIRED TO FIX SIPHOSAMI MALUNGA AND TWO OTHERS.

MY CONFIDENCE IN OUR JUDICIARY IS COMING BACK.

[INI NDINI, IWE NDIWE]

YOURS SINCERELY
CDE KUFA KWANGU ZVAROVA
[ THE BUSH LAWYER ]


Manikiniki 4 months ago

These big bellied Zanu pple! How much do u want to grab and grap from others and feel satisfied?! Your pockets never get full. You need some spiritual cleansing to get rid of the mimweya ye greed and selfishness. We are tired.


Silk 4 months ago

Stage managed to look like there is a rule of law in our motherland


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