NewsDay (Zimbabwe)

Esidakeni Farm saga takes new twist

- BY SILAS NKALA Follow Silas on Twitter @silasnkala

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.

Newspapers in English

Newspapers from Zimbabwe