Esidakeni wrangle turns nasty
POLICE in Nyamandlovu, Matabeleland North province, on Wednesday arrested Charles Moyo, a director at Kershelmar Farm, also known as Esidakeni, as the saga over the ownership of the farm took a new twist amid reports that the other partners also face arrest.
Human rights lawyer Siphosami Malunga and his partners Moyo and National University of Science and Technology (Nust) scientist Zephania Dhlamini are embroiled in a legal battle with Zanu PF national secretary for administration Obert Mpofu over the farm after the politician was issued with an offer letter by government in 2020.
The Zanu PF politburo member in December last year moved into Esidakeni Farm following his controversial offer of a portion of the hotly contested farm.
Esidakeni is a 553-hectare dairy farm bought by Malunga and partners in 2017 from white former commercial farmers.
Minister of Lands, Agriculture, Water, and Rural Resettlement Anxious Masuku acquired the farm through a Notice of Acquisition General Notice 3042 of 2020 in the Government Gazette on December 18 2020.
Mpofu was handed over the farm through his company Mswelangubo Farm, which he owns with his wife, Sikhanyisiwe, who was allocated 154 hectares.
Other beneficiaries of the government acquisition notice are Bulawayo businessman and Nust lecturer Dumisani Madzivanyati who was allocated 50 hectares, while Central Intelligence Organisation (CIO) officer Reason Mpofu was given 50 hectares.
In an interview, Moyo’s lawyer Josephat Tshuma confirmed his arrest adding that his client had, on Wednesday afternoon, been taken by the police to Nyamandlovu before he was released.
“Yes, I can confirm that Moyo was arrested on Wednesday and transferred to Nyamandlovu. He is facing charges of unlawfully remaining on a farm that has been gazetted. According to the law that he is accused of breaking, once a farm has been gazetted, people on that farm should vacate the place within 90 days,” he said.
Tshuma said Moyo was later released and advised to come back to the police with Dhlamini on Sunday for a possible appearance in court on Monday.
Malunga, according to Tshuma, faces the same fate when he comes back from a trip outside the country.
“Malunga is currently out of the country while Dlamini will only return to Bulawayo on Saturday
after a meeting in Kadoma,” he said.
“We filed a court case at the High Court seeking an order to set aside the gazetting of the farm as we are arguing that the acquisition was not done according to the law.
“All people involved in the matter including the Agriculture minister (Masuka), Mpofu, his wife and company and other beneficiaries were served with the papers.
“All of them responded to the court application and the case is waiting to be allocated a date when it will be heard in the High Court,” Tshuma said.
He said while the case was pending at the High Court, some people including Mpofu and Madzivanyati had moved on to the farm. The Esidakeni co-directors also approached the courts for a spoliation order which was granted in their favour.
Mpofu lost an appeal at the Supreme Court two weeks ago.
“We are surprised that the police have arrested my client arguing that the matter should be handled by the Magistrates’ Court when there is another case at the High Court,” Tshuma said.
“This is a clear case of abuse of court processes and victimisation because all the people involved should wait for the final outcome of the High Court case.”