Dumisani Madzivanyati, a lecturer at the National University of Science and Technology (NUST), faces possible arrest and detention if he continues to defy a High Court order to vacate the Esidakeni Farm.
Madzivanyati, who is also a businessman, is currently embroiled in a legal battle with Kershelmar shareholders, Siphosami Malunga, the son of the late ZAPU stalwart Sydney Malunga, Zephaniah Dhlamini and Charles Moyo.
Recently, Bulawayo High Court judge Justice Bongani Ndlovu ruled that Madzivanyati and his workers at Esidakeni Farm owned by Kershelmar Farms Private Limited in Nyamandlovu should vacate the farm.
On October 28, Justice Evangelista Kabasa ordered the eviction of Madzivanyati and all his people as per the judgment made by the High Court on October 7 this year.
Madzivanyati was evicted from the farm on November 30, but he has since returned to the farm prompting and his colleagues to file for contempt of court.
Another judge, Justice Martin Makonese also ordered Madzivanyati to stop his activities and restore the farm to its owners, but he still remained at the farm.
In an order made available to the lawyers on Tuesday this week, Justice Ndlovu ordered the eviction of Madzivanyati and all those that claimed occupation of the farm. Justice Ndlovu ruled:
In the event that the first respondent and all those claiming occupation through him return to Esidakeni Farm, the third respondent is hereby directed to effect their arrest and to detain them pending the final determination of this matter.”
Malunga and his colleagues want the court to find Madzivanyati in contempt, and to sentence him and other occupiers to 12 months in jail.
Madzivanyati asserts that he was offered a portion of Esidakeni Farm by the Lands ministry.