A LAND dispute involving human rights lawyer Siphosami Malunga and his partners and Central Intelligence Organisation deputy director Gatsha Mazithulela and others has been struck off the court roll on a technicality.
The matter was brought before Bulawayo High Court Judge Justice Bongani Ndlovu yesterday.
Ndlovu told the parties to agree on filing proper records by May 31 before the matter can be set down for a hearing.
The reason was that when the court migrated from the physical system to the digital Integrated Electronic Case Management Systems (IECMS), there was a lot of misfiling and some information was left out.
Malunga and his partners Zephaniah Dlamini and Charles Moyo were represented by Advocate Thabani Mpofu. They are challenging the seizure of their Esidakeni Farm in Umguza, Matabeleland North by the government.
In their application, they cited the Lands ministry, Chief Lands Officer Matabeleland North, Registrar of Deeds, Mazithulela, Minister of State for Matabeleland North Richard Moyo and persons who were allocated land at the property as respondents.
Malunga and partners say they bought the farm from its former owner based overseas. They claim Esidakeni Estate has now been carved up and offered to just over a dozen politically-connected individuals.
Gerald Mlotshwa, a lawyer representing the Lands ministry and Mazithulela, however, argues that the applicants did not acquire the farm in terms of the law.
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Mlotshwa said because of the contentious nature of the court application there were counter applications.
"We all noted that the record was not complete,” Mlotshwa told Southern Eye yesterday.
“We were tasked by the judge to, as all parties, agree on what the record should be and we file the agreed record by May 31. The reasoning of the judge was sober.”
In December 2020, the Lands ministry gazetted Esidakeni farm allegedly owned by Malunga and his partners.
"The law is very clear on that, if the government does not issue a certificate of no present interest that sale of the land is null and void,” Mlotshwa said. "Even if they acquired it lawfully the State has an inherent power to acquire any land that it wishes.”
