Saturday, 18 December 2021

MALUNGA FARM ROW : EVICTION ORDER DEFIED


Kershelmar farm owners, Siphosami Malunga with his business partners Charles Moyo and Zephania Dhlamini have been granted a provisional order to once again evict Dumisani Madzivanyati from Esidakeni farm in Nyamandlovu after he defied a court order to vacate the place.

The fresh provisional order said should Madzivanyati, cited as the first respondent, fail to comply, he would be sentenced to 12 months in prison together with his workers who claim occupation through him.

On November 30, 2021, Madzivanyathi was evicted from Esidakeni Farm but returned in defiance of a High Court eviction order.

Bulawayo High Court Judge, Justice Bongani Ndlovu, issued a provisional order on December 7, 2021, where he ordered the Deputy Sheriff, cited as the second respondent, to carry out an eviction of Madzivanyati and all those claiming occupation through him, with the assistance of the officer in charge in Nyamandlovu, who is the third respondent.

Justice Ndlovu stated in the provisional order that Madzivanyati and all those claiming occupation through him be held in contempt of court.

“That the first respondent and all those claiming occupation through him and be are hereby sentenced to 12 months imprisonment. The sentence for contempt be and is hereby suspended subject to the respondent and all those claiming occupation through him not violating the order of this Honourable Court granted under HC 1315/21,” read the order.

Madzivanyati was also ordered to pay costs on an Attorney-Client scale.

Pending the return date of this matter, the applicants -Kershelmar Farms Pvt Ltd, Dlamini, Malunga and Moyo, cited as the first, second, third and fourth applicants respectively, be granted the following relief:

“The second respondent, with the assistance of the third respondent be and is hereby ordered to evict the first respondent and all those claiming occupation through him from the farm  known as a certain piece of land situated in the district of Nyamandlovu …known as Esidakeni Farm forthwith.”

“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,” read the provisional order.   

Justice Ndlovu said if the Deputy Sheriff requires the assistance of the police to carry out this order, they can contact their legal department at Southampton House in Bulawayo, which is the police headquarters.

Malunga, Dhlamini and Moyo risk losing their farm after the Minister of Lands, Agriculture, Water, and Rural Resettlement Anxious Masuku reportedly acquired it via a Notice of Acquisition General Notice 3042 of 2020 in the government gazette on December 18, 2020.

The ownership of Esidakeni farm has been hotly contested after the government issued parts of it to beneficiaries including Zanu-PF secretary for Administration Dr Obert Mpofu, through his company Mswelangubo Farm (Private) Limited that he owns with his wife, Sikhanyisiwe, who was allocated 154 hectares.

Dr Obert Mpofu has since moved into Esidakeni Farm in Nyamandlovu following his controversial offer and challenged Malunga, Dhlamini and Moyo to show their title deeds. Cite.org.zw

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