Africa-Press – Zimbabwe. The High Court in Bulawayo has declared the government’s seizure of Esidakeni Farm in Matabeleland North unlawful.
The 550-hectare property, located in Nyamandlovu, is owned by business partners Siphosami Malunga, a human rights activist, scientist Zephaniah Dlamini, and miner Charles Moyo.
The trio acquired the farm in 2017 by purchasing all shares in Kershelmer Farms (Private) Limited.
However, in December 2020, the Minister of Lands and Agriculture published a notice in the Government Gazette indicating that the farm had been compulsorily acquired by the state for resettlement purposes.
The minister subsequently issued offer letters to around a dozen individuals, including ZANU PF Secretary for Administration Obert Mpofu and several Central Intelligence Organisation (CIO) operatives.
Malunga, Dlamini, and Moyo argued that the seizure was politically motivated and orchestrated by Gatsha Mazithulela, then deputy director of the CIO, who had unsuccessfully attempted to join their business partnership.
In a judgment delivered on June 30, 2025, Justice Bongani Ndlovu ruled that the land acquisition was not only unlawful but also “irrational, arbitrary, malicious, and capricious,” adding that it was unjustified to take land from indigenous Zimbabweans under the guise of resettling others. He said:
The farm owners are indigenous Zimbabweans. They are black people. The liberation struggle was waged so that black people could reclaim the land. They, however, purchased this farm.
The fact that the beneficial ownership of this land is in the hands of black Zimbabweans means that its acquisition is void. It is illegal.
It is irrational in that it cannot satisfy the constitutional imperatives. It is contrary to the principle of legality.
The acquisition is not based on the constitution’s authority; nothing can depend on it. The farm was not acquired for constitutional purposes.
This is not, and cannot be, the purpose of land redistribution, and it undoubtedly has the effect of undermining Zimbabwe’s status as an attractive investment destination. That taints the acquisition and renders it invalid.
Justice Ndlovu warned that any policy allowing Zimbabweans to be stripped of private property simply for criticising the ruling establishment is not only unjust but “uncouth” and reminiscent of the Dark Ages.
He further warned that the irrationality embedded in the land seizure process was glaring and could not be ignored. Ruled Justice Ndlovu:
Acquired land must be given to landless indigenous Zimbabweans. How can land be taken from Indigenous Zimbabweans and be parcelled out to other Zimbabweans?
Are those beneficiaries more Zimbabwean than Malunga and the two others who jointly own the farm? The decision to acquire the farm was arbitrary, malicious, and capricious. It cannot stand as a valid administrative decision and is void.
Justice Ndlovu also found that no formal notice was given to Malunga, Moyo, and Dlamini before the state acquired Esidakeni Farm.
He ruled that the Lands Minister’s failure to notify the affected parties rendered the acquisition arbitrary and unlawful, violating provisions outlined in the relevant statutes.
Advocate Thabani Mpofu represented the Kershelmer directors, while Julian Mugova appeared for Gatsha Mazithulela.
Moreblessing Mahaso acted for Dumisani Madzivanyathi, a beneficiary of an offer letter; Nqobizitha Ndlovu represented Obert Mpofu, Reason Mpofu, and Mswelangubo Farm; and Kossam Ncube appeared on behalf of Legina Muchimba and Lovemore Jiyane.
At one point, Obert Mpofu deployed armed guards to block Malunga, Moyo, and Dlamini from accessing the property until the High Court issued an order for his eviction, pending the final determination of ownership, which has now been conclusively ruled in favour of the original owners.
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