THE Bulawayo High Court has ordered Dumisani Madzivanyati, who invaded Esidakeni Farm owned by Siphosami Patrick Malunga, to immediately vacate the property.
Siphosami is the son to the late national hero Sydney
Malunga.
In July this year, Madzivanyati invaded Esidakeni Farm,
despite government saying black-owned farms should not be invaded.
Malunga jointly owns the farm with National University of
Science and Technology scientist Zephaniah Dhlamini and gold miner Charles
Moyo.
The trio had through its company Kershelmar Farms (Pvt) Ltd
challenged the repossession of its farm.
Madzivanyati yesterday lost the case with costs.
In his judgment, High Court judge Justice Martin Makonese
said Madzivanyati had no right to take matters into his own hands.
“There can be no doubt that the respondent has sought to
resort to self-help in attempting to assert what he perceives as his rights.
Respondents have no right to resort to self-help. In the result, the applicants
have clearly satisfied the requirements for a spoliation order,” Justice
Makonese said.
“The respondent and all persons claiming ownership through
him shall remove or cause the removal of themselves and all such persons within
24 hours from the date of this order from the farm situated in the district of
Nyamandlovu, being subdivision A of sub-division B of Umguza, measuring 195
8095ha, and collectively known as Esidakeni Farm.”
Madzivanyati was also ordered to restore all farming
equipment, including irrigation pipes to the applicants within 24 hours,
failure of which the sheriff would be ordered to direct eviction.
Kelshemar Farms is the owner of Esidakeni Farm, held under
Deed of Transfer 1980/90.
The Lands ministry acquired the farm by way of notice of
acquisition published in the Government Gazette of December 18, 2020.
The shareholders of Kershelmar Farms have initiated court
proceedings seeking to nullify the purported acquisition and subsequent offer
letters granted as a result of the said acquisition under case number HC
1054/21. The matter is still pending. Newsday
0 comments:
Post a Comment