SHAREHOLDERS of Kershelmar Farm in Nyamandlovu, Matabeleland North province, have been issued with a 14-day notice to vacate a portion of the farm allocated to one of the beneficiaries, Dumisani Madzivanyati, a National University of Science and Technology (Nust) lecturer.
Kershelmar is co-owned by businessman Charles Moyo,
Zephania Dlamini, a scientist working at Nust, and Siphosami Malunga, the Open
Society Initiative for Southern Africa (Osisa) director and son of late
nationalist Sydney Malunga.
Lands minister Anxious Masuka last December gazetted the farm, measuring
553 hectares, for compulsory acquisition.
Madzivanyati, who resides in Bulawayo, through his lawyers
Messrs Mutatu, Masamvu and Da Silva, is pushing for the eviction of Malunga and
his business associates from 50 hectares of Kershelmar farm allocated to him on
May 27, 2021.
“You are offered Subdivision 1 of SD A of SD B of Umguza
Block in Umguza district of Matabeleland North province for agricultural
purposes. The farm is approximately 50 hectares in extent,” Madzivanyati’s
offer letter signed by the Lands minister reads.
In summons issued by Matabeleland North clerk of court, Kershelmar
has been given a 14-day notice to file a notice of appeal or vacate the 50 ha
property.
“You are hereby summoned that you do within 14 days after
service of this summons upon you, enter or cause to be entered with me, and
also the legal practitioners at the address specified herein an appearance
(that is, file a notice of intention to defend) to answer the claim of
Madzivanyati care of Messrs Mutatu, Masamvu and Da Silva for an order evicting
forthwith the defendant and all those claiming occupation through the defendant
from Subdivision 1 of Subdivision A of Subdivision B of Umguza Block, measuring
50 hectares, in Umguza, Matabeleland North province,” the summons dated July 14
read in part.
“Take note that: In default of your doing, so you will be
held to have admitted the said claim, and the plaintiff may proceed therein and
judgment may be given against you in your absence but that, on payment of the
said claim and costs to me within the said time, judgment will not be given
against you therein, and that if, before the expiration of the said time, you
so pay or lodge with me and the
plaintiffs legal practitioners a consent judgment, you will save
judgment charges.”
However, Malunga and his business associates have vowed to
resist eviction from the property. They have pleaded with the Lands and
Agriculture minister to reverse its acquisition.
The militant Mthwakazi Republic Party (MRP) last week
visited the contested Kershelmar farm in Nyamandlovu, Matabeleland North
province and vowed to camp at the site to block its seizure for redistribution.
In March, MRP activists also clashed with police after the
latter descended at Tabas Induna Farm in Ntabazinduna where they evicted former
Vice-President Kembo Mohadi’s son-in-law Floyd Ambrose from the property
accusing him of forcibly taking it from a white farmer, Brain Davies. Newsday
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