A Bulawayo High Court Judge has issued a ruling directing the eviction of Bulawayo businessman and National University of Science and Technology (NUST) lecturer Dumisani Madzivanyati from the hotly contested Kershelmar farms in Nyamandlovu.
Siphosami Malunga, who is the son of late nationalist Sydney Malunga and Open Society Initiative for Southern Africa (OSISA) director, co-owns Kershelmar Farms (Private) popularly known as Esidakeni with businessman Charles Moyo and Zephania Dhlamini, a scientist working at NUST.
Madzivanyati was allocated 50 hectares of the farm following a December 2020 notice by Lands minister Anxious Masuka listing the farm measuring 553 hectares for compulsory acquisition under section 72(2) of the country’s constitution.
Malunga and his associates approached the High Court seeking a spoliation order directing Madzivanyati and others to stop interfering with their farm operations.
High Court Judge Justice Martin Makonese ruled in their favour in early October giving Madzivanyati “24 hours from the date of this order to restore to the applicant possession of all its farming equipment including all irrigation pipes and machinery.”
However, Madzivanyati appealed to the Supreme Court.
In a ruling issued on October 28, Justice Evangelista Kabasa ruled in favour of Malunga and his partners to evict Madzivanyati notwithstanding his Supreme Court appeal.
“It is ordered that the applicants are hereby granted leave to carry into execution the judgment of this court granted on 7th October as judgment under HB 190/21 notwithstanding the appeal noted by the responded to the Supreme Court on 12th October 2021 under SCB 53/21 or any other appeal that may be noted in respect of this matter, ” Kabasa said.
“The Respondent (Madzivanyati) shall pay the costs of this application on a legal practitioner client scale.”
In an interview with CITE, Malunga said: “We are evicting him forthwith.”
In a notice of appeal filed at the Supreme Court, Madzivanyati through his lawyers Tanaka Law Chambers had argued that the High Court grossly misdirected in ruling favour of the trio.
In court papers, Malunga, Dhlamini and Moyo have singled out CI0 deputy director-general Gatsha Mazithulela, a former NUST pro-vice chancellor, as being behind the government push to seize their property.
