BULAWAYO-
The
government’s
seizure
of
Esidakeni
farm
in
Matabeleland
North
was
unlawful,
the
High
Court
in
Bulawayo
has
ruled.
Offer
letters
for
sections
of
the
farm
given
to
Zanu
PF
secretary
Obert
Mpofu
and
several
Central
Intelligence
Organisation
(CIO)
agents
are
also
null
and
void,
Justice
Bongani
Ndlovu
ordered
in
a
judgement
delivered
on
June
30.
Business
partners,
rights
activist
Siphosami
Malunga,
scientist
Zephaniah
Dlamini
and
miner
Charles
Moyo
bought
the
550-hectare
farm
located
in
Nyamandlovu
in
2017
when
they
acquired
all
the
shares
in
Kershelmer
Farms
(Private)
Limited.
But
in
December
2020,
the
minister
of
lands
and
agriculture
issued
a
notice
in
the
Government
Gazette
that
the
land
had
been
compulsorily
acquired
by
the
state
for
resettlement.
The
minister
went
on
to
issue
offer
letters
to
about
a
dozen
individuals,
including
Mpofu.
Malunga,
Dlamini
and
Moyo
argued
that
they
were
being
punished
at
the
instigation
of
Gatsha
Mazithulela,
the
then
deputy
director
of
the
CIO
who
had
tried
to
elbow
his
way
into
the
partnership
but
had
been
locked
out.
The
High
Court
said
the
seizure
of
a
farm
from
indigenous
farmers
purportedly
to
resettle
other
farmers
was
not
only
unlawful
but
“irrational,
arbitrary,
malicious,
and
capricious.”
“The
farm
owners
are
indigenous
Zimbabweans.
They
are
black
people.
The
liberation
struggle
was
waged
so
that
black
people
could
reclaim
the
land.
They,
however,
purchased
this
farm.
The
fact
that
the
beneficial
ownership
of
this
land
is
in
the
hands
of
black
Zimbabweans
means
that
its
acquisition
is
void.
It
is
illegal.
It
is
irrational
in
that
it
cannot
satisfy
the
constitutional
imperatives.
It
is
contrary
to
the
principle
of
legality,”
Justice
Ndlovu
ruled.
“The
acquisition
is
not
based
on
the
constitution’s
authority;
nothing
can
depend
on
it.
The
farm
was
not
acquired
for
constitutional
purposes.
This
is
not,
and
cannot
be
the
purpose
of
land
redistribution,
and
it
undoubtedly
has
the
effect
of
undermining
Zimbabwe’s
status
as
an
attractive
investment
destination.
That
taints
the
acquisition
and
renders
it
invalid.”
Justice
Ndlovu
said
arguments
that
Malunga,
the
former
executive
director
of
the
Open
Society
Initiative
for
Southern
Africa,
is
“considered
a
government
critic
is
of
no
moment.”
He
added:
“A
policy
that
says
some
Zimbabweans
can
lose
private
property
simply
because
they
are
critics
of
the
ruling
establishment
is
downright
uncouth
and
belongs
to
the
dark
ages.
The
irrationality
inherent
in
the
process
is
unmistakable
and
cannot
go
unnoticed.
“Acquired
land
must
be
given
to
landless
indigenous
Zimbabweans.
How
can
land
be
taken
from
Indigenous
Zimbabweans
and
be
parcelled
out
to
other
Zimbabweans?
Are
those
beneficiaries
more
Zimbabwean
than
Malunga
and
the
two
others
who
jointly
own
the
farm?
The
decision
to
acquire
the
farm
was
arbitrary,
malicious,
and
capricious.
It
cannot
stand
as
a
valid
administrative
decision
and
is
void.”
The
judge
also
found
that
no
notice
was
brought
to
the
attention
of
Malunga,
Moyo
and
Dlamini
before
the
farm’s
acquisition.
“The
failure
to
give
adequate
notice
to
those
who
were
affected
by
the
decision
to
acquire
their
farm
renders
the
decision
of
the
lands
minister
arbitrary
and
in
contravention
of
the
law
as
set
out
in
the
relevant
statutes,”
Justice
Ndlovu
said
as
he
quashed
the
notice
of
acquisition
and
invalidated
offer
letters
given
to
Mpofu
and
others.
Advocate
Thabani
Mpofu
appeared
for
the
Kershelmer
directors
while
Julian
Mugova
represented
Mazithulela.
Moreblessing
Mahaso
was
the
lawyer
for
offer-letter-beneficiary
Dumisani
Madzivanyathi;
Nqobizitha
Ndlovu
appeared
for
Obert
Mpofu,
Reason
Mpofu
and
Mswelangubo
Farm
and
Kossam
Ncube
argued
for
two
other
beneficiaries
Legina
Muchimba
and
Lovemore
Jiyane.
The
court’s
decision
ends
a
bruising
battle
for
control
of
the
prime
farm
which
saw
attempts
by
Mpofu
and
Madzivanyathi,
in
particular,
to
drive
out
the
three
business
partners
by
vandalising
infrastructure
and
destroying
their
crops.
Mpofu
once
deployed
armed
guards
to
prevent
access
to
the
farm
by
Malunga,
Moyo
and
Dlamini
before
the
High
Court
ordered
his
eviction
pending
determination
of
the
farm’s
ownership,
which
has
now
been
made
by
the
High
Court.