By A Correspondent
BULAWAYO – The High Court has delivered a scathing judgment against the government’s seizure of Esidakeni Farm, declaring the takeover “unlawful, irrational, and malicious,” and ordering the eviction of ZANU PF heavyweight Obert Mpofu from the disputed land.
The landmark ruling, handed down by Justice Bongani Ndlovu on June 30, 2025, marks a major victory for the farm’s owners — human rights activist Siphosami Malunga, scientist Zephaniah Dlamini, and miner Charles Moyo — who acquired the 550-hectare property in Nyamandlovu in 2017 through the purchase of Kershelmer Farms (Private) Limited.
In 2020, the Minister of Lands and Agriculture controversially listed the farm for compulsory acquisition in the Government Gazette, later issuing offer letters to several individuals, including ZANU PF Secretary for Administration Obert Mpofu and several CIO operatives.
But Justice Ndlovu shredded the state’s justification for the acquisition, describing it as a blatant abuse of power that undermines the rule of law and Zimbabwe’s own liberation values.
“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,” Justice Ndlovu said.
“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.”
The judge rejected the government’s claim that the acquisition was meant to advance land reform, stating it was neither constitutionally grounded nor procedurally valid.
“It is irrational in that it cannot satisfy the constitutional imperatives. It is contrary to the principle of legality,” Ndlovu ruled.
“This is not, and cannot be, the purpose of land redistribution. That taints the acquisition and renders it invalid.”
The owners alleged that the land grab was politically motivated and spearheaded by Gatsha Mazithulela, then deputy director of the Central Intelligence Organisation, who had previously attempted to join their business venture but was turned down.
Justice Ndlovu didn’t mince words, lambasting the state’s approach as regressive and dangerous.
“Any policy that allows people to be stripped of property simply because they are critics of the ruling elite is uncouth. It is reminiscent of the Dark Ages,” he said.
He further questioned the logic behind dispossessing one group of indigenous Zimbabweans to benefit another.
“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?”
Justice Ndlovu also found that the Lands Ministry had failed to notify the affected parties — a legal requirement — rendering the acquisition process invalid and in violation of due process.
The ruling sends a strong message against arbitrary land seizures and has been hailed by observers as a potential turning point in restoring respect for property rights in Zimbabwe.
Malunga, Dlamini, and Moyo are now expected to resume full control of Esidakeni Farm following the court’s order.