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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

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

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