Obert Mpofu and five others have appealed the recent Esidakeni High Court ruling at the Supreme court. This comes after the High court found that their offers were null and void.
The Supreme Court of Zimbabwe, in July 2022, dismissed Obert Mpofu’s appeal against a High Court order evicting him from Esidakeni Estate in Nyamandlovu, a 554-hectare farm co-owned by Siphosami Malunga, Zephaniah Dhlamini, and Charles Moyo. The court ruled that Mpofu, a Zanu PF official, led a “brazen” and illegal invasion of the farm in November 2021, relying on a government-issued offer letter without due process. The decision upheld the eviction of Mpofu, his wife Sikhanyisiwe, and their associates, affirming that such “self-help” actions violate Zimbabwe’s legal framework and promote anarchy. The farm, purchased by the owners in 2017, had been gazetted for acquisition in 2020, sparking the dispute.

Timeline of Court Cases Involving Esidakeni Estate

  • Early 2021 (Exact Date Unspecified):
    • Case: Malunga, Dhlamini, and Moyo vs. Dumisani Madzivanyathi (Bulawayo High Court)
    • Details: The owners of Esidakeni Farm (purchased in 2017 via Kershelmar Farms Pvt Ltd) file a civil case in the Bulawayo High Court against Zanu PF activist Dumisani Madzivanyathi for illegally occupying the farm and damaging crops (150,000 tomatoes and 65,000 butternuts). Madzivanyathi had been issued an offer letter for 50 hectares by the Ministry of Lands in 2020.
    • Outcome: The High Court grants an eviction order against Madzivanyathi and awards Malunga, Dhlamini, and Moyo US$339,660 in damages for crop losses.
  • December 2021:
    • Case: Malunga, Dhlamini, and Moyo vs. Obert Mpofu and Others (Bulawayo High Court, Spoliation Order)
    • Details: The farm owners file for a spoliation order in the Bulawayo High Court to evict Obert Mpofu, his wife Sikhanyisiwe, their company Mswelangubo Farm (Pvt) Ltd, and others who occupied Esidakeni Farm in November 2021 with armed guards, disrupting operations. The owners argue Mpofu’s occupation, based on a 2020 offer letter for 145 hectares, was illegal “self-help.”
    • Outcome: The High Court grants an interim spoliation order, directing Mpofu and associates to vacate within 24 hours or face eviction by the Deputy Sheriff with police assistance. Mpofu appeals to the Supreme Court, suspending the eviction pending the appeal.
  • July 11, 2022:
    • Case: Obert Mpofu vs. Malunga, Dhlamini, and Moyo (Supreme Court, Appeal)
    • Details: Mpofu appeals the December 2021 High Court spoliation order to the Supreme Court, arguing his offer letter justified his occupation. The case is heard by Justices Elizabeth Gwaunza, Alfas Chitakunye, and Hlekani Mwayera.
    • Outcome: The Supreme Court dismisses Mpofu’s appeal, upholding the High Court’s order. The court rules Mpofu’s occupation was a “brazen invasion” without due process, violating constitutional principles. He is ordered to vacate, desist from interference, and pay legal costs.
  • November 1, 2022:
    • Case: State vs. Malunga, Dhlamini, and Moyo (Tsholotsho Magistrates’ Court)
    • Details: Malunga, Dhlamini, and Moyo face criminal charges for allegedly illegally occupying Esidakeni Farm, despite their legal ownership. The charges, filed after their August 2022 arrest, are seen as retaliatory, linked to the state’s claim that the farm is state land following its 2020 gazetting. The trial begins before Magistrate Victor Mpofu, with the owners’ lawyer, Josphat Tshuma, arguing the charges violate Zimbabwe’s Constitution.
    • Outcome: As of July 23, 2025, the sources do not provide a final outcome for this trial, indicating it may still be ongoing or unresolved.
  • June 30, 2025:
    • Case: Malunga, Dhlamini, and Moyo vs. Minister of Lands and Others (Bulawayo High Court)
    • Details: The farm owners challenge the government’s 2020 compulsory acquisition of Esidakeni Farm (General Notice 3042 of 2020) in the Bulawayo High Court before Justice Bongani Ndlovu. They argue the acquisition was unconstitutional, lacking proper notice and due process, and seek to nullify the Gazette notice and offer letters issued to Mpofu, his wife, Mswelangubo Farm, and others.
    • Outcome: The High Court rules the acquisition “unlawful, irrational, malicious, and capricious,” nullifying the Gazette notice and canceling all offer letters. The court orders all occupiers, including Mpofu, to vacate immediately, restoring full control to Malunga, Dhlamini, and Moyo. No appeal by Mpofu against this ruling is documented as of July 23, 2025.

Parties Involved in the Esidakeni Estate Court Cases1. Plaintiffs/Owners (Claimants Seeking to Retain Ownership and Evict Occupiers)These are the legal owners of Esidakeni Estate, who initiated civil actions to protect their property rights and challenge the government’s acquisition and occupation by others.

  • Siphosami Malunga: A prominent human rights lawyer and co-owner of Esidakeni Farm through Kershelmar Farms (Private) Limited, which purchased the farm in 2017. Malunga has been a key figure in challenging the government’s actions and Obert Mpofu’s occupation, alleging political targeting due to his activism.
  • Zephaniah Dhlamini: A scientist and co-owner of Esidakeni Farm, also a director of Kershelmar Farms (Pvt) Ltd. He joined Malunga and Moyo in legal actions to reclaim the farm and seek damages for losses.
  • Charles Moyo: A businessman and co-owner of Esidakeni Farm, also a director of Kershelmar Farms (Pvt) Ltd. He is a plaintiff in the civil cases against occupiers and the government.
  • Kershelmar Farms (Private) Limited: The company through which Malunga, Dhlamini, and Moyo own Esidakeni Estate. It is named as a plaintiff in the lawsuits challenging the farm’s acquisition and occupation.

2. Defendants/Occupiers (Parties Occupying the Farm or Supporting Its Acquisition)These are the individuals and entities who occupied the farm or were involved in its attempted acquisition, named as defendants in the owners’ lawsuits or as beneficiaries of government-issued offer letters.

  • Obert Mpofu: Zanu PF secretary for administration, former Mines Minister, and a key defendant in the 2021 and 2022 court cases. He occupied 145 hectares of Esidakeni Farm in November 2021 based on a 2020 offer letter, leading to the spoliation order against him. He is also implicated in the 2025 High Court ruling nullifying the farm’s acquisition.
  • Sikhanyisiwe Mpofu: Obert Mpofu’s wife, named as a defendant in the 2021 spoliation case for occupying part of the farm under a separate offer letter issued by the Ministry of Lands in 2020.
  • Mswelangubo Farm (Private) Limited: A company owned by Obert Mpofu and his wife, issued an offer letter for part of Esidakeni Farm. It was named as a defendant in the 2021 and 2025 court cases.
  • Dumisani Madzivanyathi: A Zanu PF activist and National University of Science and Technology (NUST) lecturer, who invaded the farm in early 2021 and damaged crops. He was a defendant in a 2021 civil case, ordered to pay US$339,660 in damages and evicted.
  • Ministry of Lands, Agriculture, Water and Rural Resettlement (represented by Minister Anxious Masuka): The government entity that gazetted Esidakeni Farm for compulsory acquisition in December 2020 (General Notice 3042 of 2020). Named as a defendant in the 2025 High Court case, where the acquisition was declared unlawful.
  • Other Offer Letter Holders: Several unnamed individuals, allegedly including Central Intelligence Organisation (CIO) operatives, were issued offer letters for portions of the farm in 2020. They were ordered to vacate in the 2025 High Court ruling but are not individually named in the sources.

3. Parties in the Criminal Case Against the OwnersIn a separate criminal case, the farm owners faced charges of illegally occupying Esidakeni Farm, initiated by the state.

  • Prosecution (Plaintiff):
    • The State (Zimbabwe Republic Police and Prosecutors): Represented by the Attorney-General’s Office, the state charged Malunga, Dhlamini, and Moyo with illegal occupation of Esidakeni Farm in August 2022, based on the government’s claim that the farm was state land following its 2020 gazetting.
    • Magistrate Victor Mpofu: Presided over the trial at Tsholotsho Magistrates’ Court, which began on November 1, 2022.
  • Defendants:
    • Siphosami Malunga, Zephaniah Dhlamini, and Charles Moyo: Charged with illegal occupation, they argued the charges were baseless, as they legally own the farm through Kershelmar Farms (Pvt) Ltd. Their lawyer, Josphat Tshuma, challenged the charges as unconstitutional.

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