News / Local
Esidakeni farm dispute spills to Supreme Court
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The long-running Esidakeni Farm ownership dispute has taken a fresh turn after four government-allotted beneficiaries filed an appeal at the Supreme Court, challenging a recent High Court decision which nullified their offer letters and declared the State's acquisition of the land unconstitutional.
Bulawayo High Court judge Justice Bongani Ndlovu last month ruled that the State's compulsory acquisition of Esidakeni Farm, owned by Kershelmar Farms (Private) Limited, was unlawful. He declared any subsequent offer letters null and void, effectively restoring ownership rights to Kershelmar, whose shareholders include human rights activist Siphosami Malunga, Zephaniah Dhlamini, and Charles Moyo.
In his June 30 ruling, Justice Ndlovu found that the Ministry of Lands, Agriculture, Water and Rural Resettlement had violated sections 68 and 72 of Zimbabwe's Constitution, as well as Section 3 of the Administrative Justice Act, when it sought to acquire the 554-hectare farm. The court determined that the Government failed to follow due legal process, particularly by not consulting or notifying Kershelmar before gazetting the acquisition in 2020.
The farm was legally transferred to Kershelmar Farms in 2017 through a share sale agreement and has been home to a joint farming operation between Malunga, Dhlamini, and Moyo.
The latest appeal has been filed by Legina Muchimba, Lovemore Jiyane, Dumisani Madzivanyathi, and Reason Mpofu, who were allocated plots on the disputed farm under Government's land reform programme. Represented by Kossam Ncube and Partners, the four appellants argue that the High Court erred both in fact and in law.
In their notice of appeal, the appellants have cited Malunga, Dhlamini, Moyo, Kershelmar Farms (Pvt) Ltd, Lands Minister Dr. Anxious Masuka, the Matabeleland North chief lands officer, the Registrar of Deeds, Provincial Affairs Minister Richard Moyo, Dr. Gatsha Mazithulela, Mswelangubo Farm (Pvt) Ltd, and Zanu PF Secretary-General Dr. Obert Mpofu, among others.
The appellants claim the High Court improperly invalidated a lawful acquisition and failed to recognise the constitutional framework underpinning Zimbabwe's land reform. They further argue that the acquisition was made from a company, not individuals, rendering arguments about indigenous ownership irrelevant.
"The court a quo erred in nullifying the offer letters issued pursuant to the acquisition of the farms, as the first to fourth respondents had failed to demonstrate a plausible and satisfactory legal basis for the setting aside of the acquisition and consequently the invalidation of the offer letters," reads part of their grounds of appeal.
They also challenge the court's award of legal costs to Malunga and his co-applicants, arguing there was no sound basis for overturning the acquisition.
The appellants are seeking to have the High Court ruling overturned or, alternatively, for the case to be remitted for a hearing to determine whether Kershelmar approached the court with "unclean hands."
The Supreme Court is now expected to determine whether the controversial land acquisition and subsequent offer letters can legally stand, or if the High Court's decision will be upheld.
Bulawayo High Court judge Justice Bongani Ndlovu last month ruled that the State's compulsory acquisition of Esidakeni Farm, owned by Kershelmar Farms (Private) Limited, was unlawful. He declared any subsequent offer letters null and void, effectively restoring ownership rights to Kershelmar, whose shareholders include human rights activist Siphosami Malunga, Zephaniah Dhlamini, and Charles Moyo.
In his June 30 ruling, Justice Ndlovu found that the Ministry of Lands, Agriculture, Water and Rural Resettlement had violated sections 68 and 72 of Zimbabwe's Constitution, as well as Section 3 of the Administrative Justice Act, when it sought to acquire the 554-hectare farm. The court determined that the Government failed to follow due legal process, particularly by not consulting or notifying Kershelmar before gazetting the acquisition in 2020.
The farm was legally transferred to Kershelmar Farms in 2017 through a share sale agreement and has been home to a joint farming operation between Malunga, Dhlamini, and Moyo.
The latest appeal has been filed by Legina Muchimba, Lovemore Jiyane, Dumisani Madzivanyathi, and Reason Mpofu, who were allocated plots on the disputed farm under Government's land reform programme. Represented by Kossam Ncube and Partners, the four appellants argue that the High Court erred both in fact and in law.
The appellants claim the High Court improperly invalidated a lawful acquisition and failed to recognise the constitutional framework underpinning Zimbabwe's land reform. They further argue that the acquisition was made from a company, not individuals, rendering arguments about indigenous ownership irrelevant.
"The court a quo erred in nullifying the offer letters issued pursuant to the acquisition of the farms, as the first to fourth respondents had failed to demonstrate a plausible and satisfactory legal basis for the setting aside of the acquisition and consequently the invalidation of the offer letters," reads part of their grounds of appeal.
They also challenge the court's award of legal costs to Malunga and his co-applicants, arguing there was no sound basis for overturning the acquisition.
The appellants are seeking to have the High Court ruling overturned or, alternatively, for the case to be remitted for a hearing to determine whether Kershelmar approached the court with "unclean hands."
The Supreme Court is now expected to determine whether the controversial land acquisition and subsequent offer letters can legally stand, or if the High Court's decision will be upheld.
Source - The Chronicle
