The Bulawayo High Court has ordered Dumisani Madzivanyati, a lecturer at the National University of Science and Technology (NUST) to leave Esidakeni farm he had invaded in July.
Madzivanyati occupied Esidakeni Farm in Umguza, Matabeleland North, claiming the Lands Ministry had allocated him a portion of the 555-hectare property.
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Esidakeni is owned by Kershelmar Farms (Pvt) Ltd, a company whose shareholders are the human rights advocate Siphosami Patrick Malunga, NUST scientist Zephaniah Dhlamini and gold miner Charles Moyo.
Justice Martin Makonese also slapped Madzivanyati with costs after ruling he had no authority to take matters into his own hands. Justice Makonese ruled last Friday:
There can be no doubt that respondent (Madzivanyati) has sought to resort to self-help in attempting to assert what he perceives as his rights. Respondent has no right to resort to self-help,”
In the result, the applicants have clearly satisfied the requirements for a spoliation order.
The court ordered Madzivanyati and individuals claiming ownership of the farm through him to “remove or cause the removal of themselves and all such persons within 24 hours.
Justice Makonese ordered Madzivanyati to “restore to the applicant possession of all its farming equipment including irrigation pipes.” within 24-hours adding that the sheriff of this court or his lawful deputy will evict him if he fails to do so.
The court heard that Madzivanyati caused disruptions at the farm, tampered with the borehole, and made his own connections and installations starving the applicants’ tomatoes and butternut crops of water.
This then prompted the trio to approach the High Court with an urgent chamber application seeking to interdict Madzivanyati from interfering, which was granted.
Martin Makonese is a Zimbabwean lawyer and a judge of the High Court of Zimbabwe. He was appointed by President Robert Mugabe in 2011. Read More About Martin Makonese
Read More About Matabeleland North
National University of Science and Technology is a state owned tertiary institution located in Zimbabwe's second largest city Bulawayo in the Matabeleland province. The University is administered by the Ministry of Higher Education, Science and Technology Development. It was the second university to be established... Read More About National University of Science and Technology
Zephaniah Dhlamini is a Zimbabwean academic and the director of the National University of Science and Technology’s (Nust) Applied Genetics Testing Centre. In June 2021 there were reports that the Government seized a farm co-owned Dhlamini, Open Society of Southern Africa (OSISA) executive director Siphosami... Read More About Zephaniah Dhlamini