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Setback For Esidakeni Farm Owners

Setback For Esidakeni Farm Owners

The Bulawayo High Court has dismissed an urgent court application by Open Society Initiative for Southern Africa (OSISA) director Siphosami Malunga and his farming partners for the eviction of ZANU PF secretary for administration Obert Mpofu from their farm.

Malunga, Zephaniah Dhlamini and Charles Moyo, who are shareholders of Kershelmar Farm, also known as Esidakeni, in Nyamandlovu District, wanted a court order barring Mpofu from interfering with their farming operations.

They cited Mpofu, his company and his wife Sikhanyisiwe as respondents, but the latter opposed the application.

In her ruling on 11 February 2022, Justice Evangelista Kabasa said that the trio’s application was not urgent. She said:

It is a discretion the court has to exercise judiciously. I am of the considered view that a case for urgency has not been made in casu (in this case).

I, therefore, decline to exercise my discretion in favour of the applicant.

The respondents have asked for punitive costs. I see no justification for such.

There is nothing the applicants have done that deserves censure by an award of punitive costs.

While the norm is that costs follow the cause, the circumstances of this matter persuade me not to make an award for costs.

In the result, the point in limine that the application is not urgent is upheld.

The application is accordingly struck off the roll of urgent matters. There shall be no order as to costs.

Mpofu, through his company Maswelangubo, was allocated a portion of the farm, 145 hectares, by the Minister of Lands, Agriculture, Water, Climate, and Rural Resettlement, Anxious Masuka.

In December 2021, Justice Kabasa gave Mpofu a 24-hour ultimatum to vacate the farm or face eviction but Mpofu and his wife appealed the ruling.

Malunga, Moyo and Dhlamini argued in court papers that they bought the farm from white former owners in 2017.

But 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.

More: NewsDay

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Vk 7 months ago

Vakomana zvaukutoda matabeleland yose, mpofu, vanomboziva kuti zvose zvichasara pano pasi here, vanhu ava hauende nazvo muguva

Nkust 7 months ago

But ko iye judge wacho hapengi here akambopa munhu 24 hours nhasi ava kuti hapana emergency zvorevei izvozvo

Rwadzi Gunsmoke 7 months ago

Vanhu vakatenga prazi ravo nhasi vonzi maya harisi renyu Court nema Judge's votobvuma pamwe dzimwe nyaya out Judicial system vanofanha kuudza madhara eZanu aya chokwadi ka1 nt kuwaster tym ivo vachiziva kuti Mpofu akuda kutsara vanhu land yavo
1 day Mpofu n Evil minded frnds of yours muchaona moto ko z Devine judgement haina favour

Tkt 7 months ago

haaa Mpofu will soon leave this earth

zvese izvi zvicha sara pasi

7 months ago

TomorrowYesterdaY 7 months ago

These three guys bought this farm as a combined effort yet this mpofu had more than 1 farm and vast tracks of land in Matabele and still wants some more. Havagute ngeyi ma dhara aya apo havasi ma good farmers

Hayley 7 months ago

tkt uri rovha usandipikise . chro business rekutengesq mazep hauna

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