Expropriation of Malunga farm unlawful and unconstitutional

The High Court in Bulawayo has delivered a landmark judgment declaring the government's expropriation of land owned by prominent human rights lawyer Siphosami Malunga and his business partners Zephaniah Dlamini and Charles Moyo as unlawful and unconstitutional.

The land, situated in Nyamandlovu and owned through their company Kershelmar Farms (Private) Limited, had been gazetted for compulsory acquisition in December 2020 by Lands, Agriculture, Water and Rural Resettlement Minister Anxious Masuka. The move sparked a bitter legal dispute between the state and the indigenous Zimbabwean owners.

In a strongly worded ruling handed down on Monday, Justice Bongani Ndlovu said the government's actions violated the Constitution and the Administrative Justice Act, which require procedural fairness in state decisions affecting citizens.

"This acquisition represents a blatant disregard for the principles of legality. The Constitution and the Administrative Justice Act demand procedural fairness and substantive compliance. None of these were observed here," Justice Ndlovu stated.

Malunga, Dlamini and Moyo - directors and shareholders of Kershelmar Farms - had petitioned the court arguing that the process leading to the compulsory acquisition was both flawed and unconstitutional, and that they had been excluded from any consultation.

"The failure to involve the farm owners in the process is a denial of their fundamental rights," Justice Ndlovu noted. "Taking land from one group of black Zimbabweans to give to another undermines the very purpose of land reform."

The court also dismissed government claims that the transaction involving the purchase of Kershelmar shares was a "simulated arrangement" aimed at bypassing land acquisition laws. Justice Ndlovu ruled that the legality of the share transfer was not in question and could not be used as justification for the state's move.

Declaring the seizure of the farm null and void, the court ordered the revocation of any offer letters issued to other beneficiaries on the property.

"An offer letter cannot stand on a foundation of illegality," Justice Ndlovu said.

The ruling marks a significant victory for Malunga and his partners, who can now resume operations on their farm following years of legal battles and uncertainty.

The case had drawn widespread attention amid growing concerns over selective application of land laws and continued threats to property rights - even for indigenous Zimbabweans.