Esidakeni, also known as Kershelmar Farms (Private) Limited
is owned by Open Society Initiative for Southern Africa (OSISA) director,
Siphosami Malunga, Zephaniah Dhlamini and Charles Moyo.
Malunga, Dhlamini and Moyo bought the farm in 2017 from
former white farmers but are struggling to retain ownership as the state
acquired the farm in 2020 via a Notice of Acquisition General Notice 3042 that
appeared in a government gazette.
In December, Malunga and partners were granted a
provisional order to evict Madzivanyati from Esidakeni after he defied the
initial court order.
Madzivanyati and ZANU-PF secretary for administration,
Obert Mpofu, were controversially allocated pieces of land by the State at the
farm.
The High Court order said should Madzivanyati fail to
comply, he together with workers claiming occupation through him would be sentenced
to 12 months in prison.
In a letter to Madzivanyati dated 15 February 2022,
Kershelmar Farms through their lawyers, Webb, Low & Barry, demanded that he
pays a total of US$339 660 within seven days, failure of which legal action
would be taken against him.
“Our clients were in peaceful occupation of the farm known
as Esidakeni Farm where they planted 150 000 tomatoes and 65 000 butternuts,”
reads the letter.
“Our clients have advised that from the period of September
2021 – November 2021 you were in unlawful occupation of our clients’ farm.
During that period, you unlawful tempered with our clients’ irrigation system
depriving our clients’ crops of water during the critical reproductive stage.
You unlawfully diverted our clients’ water systems to service a piece of land
you had identified as belonging to yourself and our clients were unable to
water and spray their crops which resulted in the crops suffering moisture
stress and insects infestation.”
The lawyers argued as a result of that, their clients’
crops “were seriously damaged and experienced wilting and drying off of
foliage, flower, abortion, and fruits which could not develop to marketable
size and grade.”
They further explained in the letter: “This damage to the
crops has caused our clients to suffer financial loss amounting to US$339 660
(three hundred and thirty-nine thousand six hundred and sixty dollars). We have
been instructed to demand, as we hereby do, payment of the amount of US$339 660
to our clients within seven (7) days of receipt of this letter failing which,
further recourse will be sought against you at the High Court for recovery of
the same, the costs of which shall be for your account.” CITE
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