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The Bulawayo High Court has ordered ZANU PF-linked NUST lecturer Dumisani Madzivanyathi to pay US$340 000 to Esidakeni farm owners in Nyamandlovu in Matebeleland North.
Madzivanyathi and ZANU PF Secretary for Administration, Obert Mpofu have refused to vacate the property despite <a href="https://zero.pindula.co.zw/esidakeni-farm-wrangle-supreme-court-upholds-order-to-evict-obert-mpofu/">two Supreme and High Court orders for them to do so.</a>
Madzivanyathi, who has businesses in Bulawayo, was sometime this year ejected from the property by the Deputy Sheriff but defied the move.
Simposami Malunga and his two partners Zephaniah Dhlamini and businessman Charles Moyo were forced to approach the High Court after Madzivanyathi allegedly tampered with the irrigation system and deprived water to various crops, which later wilted.
Madzivanyathi was then ordered to pay nearly US$340 000, NewZimbabwe.com reported citing High Court judge Justice Martin Makonese’s judgment. Reads part of Justice Makonese’s judgment:
<blockquote>
It is ordered that defendant pay the plaintiffs the amount of US$339 660.00 (three hundred and thirty nine six hundred and sixty thousand United States Dollars) or the equivalent amount in Zimbabwean dollars at the applicable interbank rate on the date of payment, interest on the above amount at the rate of 58 per annum, costs of suit.
</blockquote>
Malunga and his partners had argued that they lost 150 000 planted tomatoes and 65 000 butternut crops as a result of the defendant’s disruptions at the farm.
They also accused Mpofu of stealing farm produce at the farm.
Esidakeni farm has been at the centre of an ownership battle after the Minister of Lands, Agriculture, Water, and Rural Resettlement Anxious Masuku allocated part of the land to Mpofu and other beneficiaries.
Malunga and partners argue that Masuka’s conduct was in violation of laws which forbid the seizure of land owned by black farmers. 
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Pindula News

Esidakeni Farm Wrangle: NUST Lecturer Ordered To Pay US$340K To OSISA Director

<a href="https://www.pindula.co.zw/Siphosami_Malunga">Siphosami Malunga</a>, a human rights activist and the executive director of the Open Society Initiative for Southern Africa (OSISA) has claimed that former Mines Minister, Obert Mpofu took all their farm produce when he invaded Esidaken Farm.
Mpofu invaded the <a href="https://www.pindula.co.zw/Esidakeni_Farm">Esidakeni farm</a>, also known as Keshelmar Farm in Nyamandlovu, Matabeleland North province and has since been ordered by courts to leave the farm.
The farm is part-owned by rights lawyer Siphosami Malunga, the son of the late PF ZAPU stalwart and national hero, <a href="https://www.pindula.co.zw/Sydney_Malunga">Sydney Malunga</a>, Charles Moyo and Zephania Dhlamini. 
Malunga said they were about to harvest their crops when Mpofu chased them out of the farm. He said:
<blockquote>
When @DrObertMpofu invaded our farm #Esidakeni and chased us out and installed armed guards we had just started to harvest our 800tonnes of onion; 200tonnes of butternut with 75000 cabbages almost ready to harvest. He took it all. Everything!
</blockquote>
Commentators said it was not surprising that Mpofu was a thief considering that Zimbabwe allegedly lost US$15 billion through diamond leakages when the ZANU PF secretary for administration was minister of Mines and Mining Development.
Former Mines Minister, <a href="https://www.pindula.co.zw/Walter_Chidhakwa">Walter Chidhakwa</a> earlier said an investigation into the case was stalled by inaccessibility to relevant information from firms that used to extract diamonds in Chiadzwa.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Esidakeni Farm Wrangle: Mpofu Took All Our Farm Produce - Siphosami Malunga

Esidakeni Farm co-owner Siphosami Malunga said that people working for ZANU PF secretary for administration, Obert Mpofu, and suspected State agents poisoned dogs that were guarding the farm.
The farm, which is located in Nyamandlovu, Matabeleland North Province is owned by Malunga, a prominent human rights defender, and his two business partners, Zephaniah Dhlamini and Charles Moyo.
The farm was invaded by Mpofu, ZANU PF activist Dumisani Madzivayathi, and a handful of politically connected claimants last year before they were ordered to vacate the land by the courts.
Posting on social media, Friday, Malunga said one of Moyo’s vicious dogs had died while another was critically ill following the alleged poisoning incident. He said:
<blockquote>
Last night they poisoned Esidakeni director Charles Moyo’s vicious dogs. One has died and the other is critically ill.
It is clear that together with CIO (Central Intelligence Organization) they have decided to physically harm us. We are not afraid.
</blockquote>
Malunga also revealed that the Deputy Sheriff had served Mpofu eviction papers in respect of his illegal occupation of Esidakeni Farm.
Malunga and his partners were last week arrested and arraigned before the courts for ironically unlawfully occupying the same property.
They are out of custody on ZWL$10 000 bail each.
More: <a href="https://www.newzimbabwe.com/zanu-pf-top-official-obert-mpofu-evicted-from-farm/">NewZimbabwe.com</a>

Esidakeni Farm Owner's Dogs Poisoned, Suspected State Agents Blamed

Police have arrested two co-directors of Kershelmer Farms (Private) Limited, also known as Esidakeni Farm located in Nyamandlovu, Matabeleland North Province.
Zephaniah Dhlamini and Charles Moyo were arrested on Sunday night and were taken to Nyamandlovu Police Station where they are detained.
The farm was invaded by ZANU PF secretary for administration Obert Mpofu and a handful of politically connected claimants last year before they were ordered to vacate the land by the courts.
Police accuse prominent rights advocate Siphosami Malunga and his colleagues of occupying state land without authority.
Malunga, who is being sought by the police over the same allegations brought against his colleagues, said on Sunday he was preparing to hand himself to the police.
Posting on Twitter, Malunga condemned the police for the nocturnal arrests and seeming disregard for court decisions. He said:
<blockquote>
Last night my co-directors at Esidakeni Farm were arrested. This is a blatant abuse of power, state resources, institutions and officials.
The aim is to undermine judicial decisions by the High and Supreme Courts; politically persecute us and violate our fundamental rights. We are not afraid!
There was no need to arrest them after our lawyers had arranged with the Nyamandlovu Police Officer in Charge Matangi to present ALL of us at the same time.
Why arrest them on Sunday night when they knew we were going there? I too will present myself. We have done nothing wrong!
</blockquote>
Malunga and his colleagues purchased Esidakeni Estate, a former dairy farm, in 2017 after buying shares in Kershelmer Farms.
However, the government went on to list the 554-hectare property for compulsory acquisition in 2020.
The three challenged the gazetting of the property through the courts and the matter is still pending.
Lovemore Jiyane and Legina Muchimba, who said they are some of the beneficiaries offered land on the farm by the lands ministry, filed a police report against Malunga and his colleagues resulting in the arrests of Dhlamini and Moyo.
More: <a href="https://www.zimlive.com/2022/08/malunga-business-partners-arrested-as-esidakeni-land-row-escalates/">ZimLive</a>

Malunga Business Partners Arrested For Occupying Esidakeni Farm

Police are preparing criminal charges against prominent rights advocate <a href="https://www.pindula.co.zw/Siphosami_Malunga">Siphosami Malunga</a> and his two business partners in an escalation of a fight over Esidakeni Farm in Matabeleland North.
Police on Wednesday arrested Charles Moyo, one of the directors of Kershelmer Farms (Private) Limited, on allegations of occupying state land without authority.
His lawyer Josphat Tshuma told <a href="https://www.zimlive.com/2022/08/malunga-and-esidakeni-partners-face-arrest-as-farm-battle-turns-nasty/">ZimLive</a> that Moyo was released and ordered to return to the police station in Bulawayo on Sunday together with Zephaniah Dhlamini, the third director who was reported to be in Harare.
Tshuma said police planned to arrest all three men who purchased Esidakeni Estate, a former dairy farm, in 2017 after buying shares in Kershelmer Farms. Tshuma told <a href="https://www.zimlive.com/2022/08/malunga-and-esidakeni-partners-face-arrest-as-farm-battle-turns-nasty/">ZimLive</a>: 
<blockquote>
What we are witnessing here is an abuse of process and an abuse of power.
</blockquote>
The lawyer said Moyo’s arrest followed a police complaint filed by Lovemore Jiyane and Legina Muchimba, who said they are some of the beneficiaries offered land on the farm by the lands ministry.
Malunga, the director of programmes at the Open Society Foundations in Africa, is currently working out of Senegal. 
Tshuma said when the 554-hectare property in Nyamandlovu was gazetted in 2020, Malunga, Dhlamini and Moyo instituted action against the lands minister and other interested parties contending that the gazetting was not done in terms of the Land Reform Programme.
The matter is pending at the High Court which recently ordered the ejection of ZANU PF secretary for administration <a href="https://www.pindula.co.zw/Obert_Mpofu">Obert Mpofu</a> and Dumisani Madzivayathi, a university lecturer, after they invaded the farm saying they had been allocated the land by the government.
Mpofu, who has other farms, says he was offered 145 hectares of Esidakeni together with his wife, Sikhanyisiwe. 
Malunga believes the government targeted the farm as punishment for his human rights advocacy work in his former role as executive director of the Open Society Initiative for Southern Africa (OSISA). 
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Esidakeni Farm Wrangle: Police Preparing Criminal Charges Against Owners - Report

ZANU PF Secretary for Administration Obert Mpofu has vacated Esidakeni Farm he occupied in November last year after the Supreme Court ruled that his occupancy was illegal.
Mpofu and his wife seized the farm located in Nyamandlovu and forced out the owners, among them prominent human rights advocate Siphosami Malunga, who is the son of independence war hero Sydney Malunga.
On 11 July 2022, the Supreme Court ruled that Mpofu’s “brazen invasion” was illegal.
The Esidakeni Estate owners’ lawyers gave Mpofu three days to vacate the property or risk being driven out by the messenger of court.
Malunga co-owns the farm alongside Charles Moyo and Zephaniah Dhlamini, the latter a well-known scientist from the National University of Science and Technology.
Malunga confirmed on Thursday that they were back on the farm and taking stock of the loss caused by Mpofu’s invasion. He said:
<blockquote>
We’re back on the farm. We will now take stock of the loss and damage. The rule of law must always prevail.
</blockquote>
Mpofu grabbed the 554-hectare farm, arguing that he had been allocated 145 hectares of it by the lands minister.
He then planted corn, but the maize crop failed to produce a yield, apparently due to excessive water and neglect.
Mpofu’s brother, Mbonisi, was the resident occupier of the farm until the Supreme Court ruling.
More: <a href="https://www.zimlive.com/2022/07/after-a-failed-maize-crop-and-a-court-humbling-mpofu-leaves-esidakeni/">ZimLive</a>

Obert Mpofu Leaves Esidakeni Farm

The Bulawayo High Court has ordered Dumisani Madzivanyati, a lecturer at the National University of Science and Technology (NUST) to leave <a href="https://zero.pindula.co.zw/nust-lecturer-attempts-forcible-takeover-of-esidakeni-farm/">Esidakeni farm he had invaded in July.</a>
Madzivanyati occupied Esidakeni Farm in Umguza, Matabeleland North, claiming the Lands Ministry had allocated him a portion of the 555-hectare property.
Esidakeni is owned by Kershelmar Farms (Pvt) Ltd, a company whose shareholders are the human rights advocate Siphosami Patrick Malunga, NUST scientist Zephaniah Dhlamini and gold miner Charles Moyo.
Justice Martin Makonese also slapped Madzivanyati with costs after ruling he had no authority to take matters into his own hands. Justice Makonese ruled last Friday:
<blockquote>
There can be no doubt that respondent (Madzivanyati) has sought to resort to self-help in attempting to assert what he perceives as his rights. Respondent has no right to resort to self-help,” 

In the result, the applicants have clearly satisfied the requirements for a spoliation order.
The court ordered Madzivanyati and individuals claiming ownership of the farm through him to “remove or cause the removal of themselves and all such persons within 24 hours.
</blockquote>
Justice Makonese ordered Madzivanyati to “restore to the applicant possession of all its farming equipment including irrigation pipes.” within 24-hours adding that the sheriff of this court or his lawful deputy will evict him if he fails to do so.

The court heard that Madzivanyati caused disruptions at the farm, tampered with the borehole, and made his own connections and installations starving the applicants’ tomatoes and butternut crops of water.
This then prompted the trio to approach the High Court with an urgent chamber application seeking to interdict Madzivanyati from interfering, which was granted. 
More: <a href="https://www.zimlive.com/2021/10/11/esidakeni-farm-invader-madzivanyati-kicked-out-by-high-court/">ZimLive</a>

NUST Lecturer Kicked Off Esidakeni Farm

A National University of Technology (NUST) lecturer on Thursday night attempted a forcible takeover of a <a href="https://news.pindula.co.zw/2021/06/15/farm-owned-by-osisa-director-malunga-seized/">disputed Esidakeni farm which is currently the subject of a court battle.</a>
ZimLive reports that Dumisani Madzivanyati and his associate Davison Gumbo shut down a borehole and irrigation pumps at Esidakeni Farm in Umguza, Matabeleland North, before changing the gate locks.
The duo also dismissed dozens of workers from the farm.
On Friday morning, Zephaniah Dhlamini who co-owns the farm with Open Society Initiative for Southern Africa (OSISA) executive director Sipho Malunga and Charles Moyo – arrived at the farm with police officers and confronted Gumbo, who was later arrested.
Dhlamini, a scientist at NUST, accused Gumbo of trespassing and challenged him to produce any documentation indicating he was the owner, which the latter failed to do. In an audio clip posted online, Dhlamini is heard saying:
<blockquote>
Why are you trespassing on my farm, and why are you trying to prohibit me from entering my farm without any documentation?
By what authority am I no longer allowed into my farm? What gives you the authority to shut down my farming machinery and evict my workers on my farm?
Who has sent you Gumbo, this matter is before the courts, are you Madzivanyati’s lapdog?
</blockquote>
Gumbo insisted that he did not know Madzivanyati, but Dhlamini reminded him that he was in the company of Madzivanyati only a day earlier when they shut down the borehole.
On the audio, Gumbo threatens a police officer accompanying Dhlamini with unspecified action while invoking unnamed higher political powers if the police officer insisted on ordering him to leave. He said:
<blockquote>
I’m sure you can see we didn’t run away, it’s because Dhlamini no longer has jurisdiction, authority and right to be here. If you’re to back him and support him against the authority we have, we’ll have no choice but to take action.
When we take action against you for supporting Dhlamini, the time will come when you have to stand by yourself as a police officer to explain your actions against the authority we have.
</blockquote>
The unidentified police officer appealed to both parties to resolve the matter amicably adding as “as police officers, we don’t take sides.”
In a later update on Saturday, Malunga said Davison Gumbo was arrested.
The farm dispute started in June when owners, who bought the property in 2017, became aware of a Government Gazette issued in December 2021 which stated that the state was compulsorily acquiring the farm “for purposes of agriculture resettlement” under section 72(2) of the constitution.  
The matter is pending at the High Court where the owners are challenging the acquisition. 
More: <a href="https://www.zimlive.com/2021/08/07/nust-lecturer-in-aggressive-new-push-to-grab-esidakeni-farm-police-step-in/">ZimLive</a>

NUST Lecturer Attempts Forcible Takeover Of Esidakeni Farm

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