BY NQOBANI NDLOVU THE fight for control of the hotly contested Keshelmar Farms (Pvt) Ltd, also known as Esidakeni, in Nyamandlovu, rages on after businessman Dumisani Madzivanyati filed an urgent Supreme Court application to stop his impending eviction.
The Supreme Court appeal followed a ruling by Bulawayo High Court judge Justice Evangelista Kabasa on Thursday directing the eviction of the National University of Science and Technology (Nust) lecturer.
Siphosami Malunga, a fervent government critic and son of late nationalist Sydney Malunga, claims joint ownership of the farm with his business associates, Charles Moyo and Zephania Dhlamini.
Kabasa granted Malunga and his co-partners the authority to evict Madzivanyati from a portion of the farm measuring 553 hectares despite his pending Supreme Court appeal against his eviction.
In an urgent Supreme Court appeal filed on Thursday, the same day that Justice Kabasa issued a ruling against Madzivanyati, the Nust lecturer argued that the High Court judge “grossly misdirected himself”.
“The court a quo grossly misdirected itself at law and fact by rendering leave to execute pending appeal when the respondents had not satisfied the requirements for such relief,” Madzivanyati said in his appeal filed through his lawyers, Tanaka Law Chambers.
Kershelmar Farms, Dhlamini, Moyo and Malunga were cited as respondents.
“The court a quo grossly misdirected itself at law and fact by finding that the appellant’s appeal under SCB52/21 had no prospects of success and, therefore, execution had to proceed when there was no supporting evidence and legal provisions for such conclusion.”
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The matter is yet to be set down for hearing.
Madzivanyati claims that he was allocated 50 hectares of the farm after Lands minister Anxious Masuku gazetted the property for compulsory acquisition under section 72(2) of the Constitution.
Malunga and his associates then approached the High Court seeking a spoliation order directing Madzivanyati and others to stop interfering with their operations at the farm.
High Court judge Justice Martin Makonese ruled in their favour in early October, but Madzivanyati appealed to the Supreme Court days later.
The matter is still pending at the Supreme Court.
In court papers, Malunga, Dhlamini and Moyo have cited Central Intelligence Organisation deputy director-general Gatsha Mazithulela, a former Nust pro-vice chancellor, and Matabeleland North Provincial Affairs minister Richard Moyo as being behind the push to grab the farm.
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