The High Court in Bulawayo has declared the government’s seizure of Esidakeni Farm owned by human rights lawyer Siphosami Malunga and his business partners Zephaniah Dlamini and Charles Moyo as unlawful and unconstitutional.
The land, held under Kershelmar Farms (Private) Limited, was controversially gazetted for compulsory acquisition in December 2020 by Lands Minister Anxious Masuka. This sparked a lengthy legal battle between the state and the indigenous owners.
Delivering judgment on Monday, Justice Bongani Ndlovu said the government’s actions disregarded the law and violated basic constitutional rights.
“This acquisition reflects a blatant disregard for legality. Neither procedural fairness nor legal requirements were followed,” Ndlovu ruled.
The trio had argued that they were excluded from the acquisition process a violation of their rights under the Constitution and the Administrative Justice Act.
Justice Ndlovu further noted that the state’s claim that the farm’s ownership structure was a legal loophole was baseless. The transfer of shares in Kershelmar Farms, he said, was lawful and not a ploy to evade land laws.
The court nullified the acquisition and any offer letters issued to new claimants, declaring them “void and without legal foundation.”
“An offer letter cannot stand on a foundation of illegality,” Ndlovu emphasised.
Following the ruling, Malunga, Dlamini, and Moyo are now free to resume full operations on their farm after years of uncertainty and state interference.
