Esidakeni Farm saga takes new twist
ZANU PF secretary for administration Obert Mpofu and his company Mswelangubo Farm Private Limited have claimed that an Australian, Jeffery Swindells was the rightful owner of Kershelmar Farms Company which owns the contested Esidakeni Farm.
Mpofu revealed this in opposing papers against human rights defender Siphosami Malunga and his partners Zephaniah Dhlamini and Charles Moyo, who claim to be the shareholders of Kershelmar Farms, which owns Esidakeni Farm in Nyamandlovu.
He (Mpofu) claims that the applicants in the matter have failed to produce proof that they are the original owners of the farm, which includes certificates of no present interest proving their share transfers.
Malunga, Dhlamini and Moyo had filed a court application seeking an interdict to bar Mpofu from interfering with their farming operations.
However, Bulawayo High Court Judge, Justice Evangelista Kabasa dismissed their urgent application, reducing it to an ordinary application.
In their application, Malunga and others cited Lands, Agriculture, Fisheries and Rural Resettlement minister Anxious Masuka, the chief lands officer for Matabeleland North, the Registrar of Deeds, Central Intelligence boss, Gatsha Mazithulela, National University of Science and Technology lecturer Dumisani Madzivanyati, Reason Mpofu, an intelligence official and a reported relative of the Zanu PF secretary for administration, Matabeleland North Provincial Affairs minister Richard Moyo, Mswelangubo (PVT) Ltd and Mpofu as the first to ninth respondents, respectively.
Mpofu, through his company Mswelangubo, was allocated 145 hectares of land on the farm by Masuka.
Last week, Mpofu and his company filed opposition papers praying for the dismissal of the application.
In his founding affidavit, the Mswelangubo Farm operations manager Mbonisi Mpofu stated: “It is undoubtedly clear that the present application is a disguised invitation for this court to invoke and prescribe constitutional remedies to applicants’ perceived legal challenges.
“In this case applicants’ major complaint to this court is that they, being indigenous Zimbabweans, their farms have been improperly or irregularly targeted for compulsory acquisition by the State.”
Mpofu said it was not disputed, that the three applicants were indigenous Zimbabweans but this was not demonstrated in the case of the Kershelmar Company.
He said Malunga and his colleagues received title deeds of the land in dispute in the year 1990 as deduced from the Deed of Transfer numbers.
“The proprietor of the 4th Applicant (Kershelmer) is one Jeffery Swindells, an Australian citizen.
“The farms were acquired by the State from 4th applicant, Swendells who is an Australian and is not in dispute, the beneficial ownership of the farms owning company by the 1st, 2nd and 3rd applicants,” Mpofu submitted.
He said Malunga and his colleagues had brandished a sale of shares agreement and share certificates which curiously only bore their signatures to prove they were the beneficial owners of the land.
“On being challenged to produce a certificate of no present interest, applicants are at sixes and sevens.
“They cannot produce it. Apparently it is not there. It was never sought nor obtained.
“In detailed affidavits signed by Swindells on September 27, 2021, in Australia, the deponent conveniently omits to talk about the certificate of no present interest in spite of his attention having been drawn to the existence of a dispute.
“This simply shows that the said certificate is non-existent,” Mpofu said.
He said in the absence of the certificate, the transfer of shares is, therefore, void and is a nullity.
“Accordingly applicants have no cause of action for the relief sought and as pleaded.
“Further, being non-indigenous, 4th applicant (Kershelmar) also lacks locus standi to seek the relief sought. On this further basis the application ought to be dismissed.
“I accordingly pray for its dismissal with costs.”
Malunga, Moyo and Dhlamini argued in court papers that they bought the farm from its white former owners in 2017.