Connect with us

law an courts

Lecturer challenges eviction from Malunga's farm – NewsDay

By NQOBANI NDLOVU

BULAWAYO businessman and National University of Science and Technology (Nust) lecturer Dumisani Madzivanyati yesterday approached the Supreme Court challenging a High Court judgment which ordered his eviction from a portion of Kershelmar Farms in Nyamandlovu.

Madzivanyati is at loggerheads with the co-owners of Kershelmar Farms, Siphosami Malunga who is son of the late nationalist Sydney Malunga and Open Society Initiative for Southern Africa (Osisa) director, businessman Charles Moyo and Zephania Dhlamini, a scientist also working at Nust.

Madzivanyati was allocated 50 hectares on the farm following a December 2020 notice published by Lands minister Anxious Masuka, which listed the farm measuring 553 hectares for compulsory acquisition under section 72(2) of the Constitution.

The trio approached the High Court through their lawyer Thabekhulu Dube of Ncube and Partners seeking a spoliation order directing Madzivanyati and others to stop interfering with their operations on the farm.

High Court judge Justice Martin Makonese ruled in their favour, giving Madzivanyati 24 hours from the date of the order to restore to the applicants possession of all their farming equipment including all irrigation pipes and machinery.

But in a notice of appeal filed at the Supreme Court yesterday, Madzivanyati through his lawyers Tanaka Law Chambers argued that the High Court grossly misdirected itself by ruling in favour of the trio.

“The court a quo grossly misdirected itself at law in affording spoliation relief to respondents in relation to land that had been gazetted and compulsory acquired by the government and offered to appellant,” Madzivanyati said in his grounds of appeal.

“The court a quo grossly misdirected itself at law and fact by rendering incompetent relief for the eviction of the appellant from land which he had never occupied and further had no title over.”

Madzivanyati cited Kershelmar Farms, Dhlamini, Moyo and Malunga as first to fourth respondents, respectively in his appeal.

“The court a quo grossly misdirected itself at law and fact in finding that the respondents had the requisite locus standi to prosecute the application based before it.”

In their court papers, Malunga, Dhlamini and Moyo singled out Central Intelligence Organisation deputy director-general Gatsha Mazithulela, a former Nust pro-vice chancellor, as being behind the government push to seize their property.

The applicants said Mazithulela had been pestering them for shares at Kershelmar Farms since December 2019, but they declined.

Dhlamini, who is cited as the first applicant, in his founding affidavit went further to say that Mazithulela had warned that the farm risked being seized unless Malunga was removed as a shareholder and director.

Mazithulela, however, denied the claims in his opposing papers filed at the Bulawayo High Court on August 30 through his lawyers Messrs Mlotshwa and Maguwudze.

The applicants said they acquired Kershelmar Farms from a white commercial farmer, the late Jeffrey Swindels, and formed a company, Kershelmar Farms (Private) Limited, in which they have varying shares.

Mazithulela, in his opposing papers, dismissed claims of the farm purchase as fraudulent.

“The agreement is illegal. The transfer of the shares in the company is void. They are, therefore, not shareholders and cannot enforce any right, let alone bring any application before this court in that capacity. They cannot bring proceedings on behalf of the company,” Mazithulela said, citing section 4(1) of the Land Acquisition (Disposal of Rural Land) Regulations 1999.

The section states that “subject to these regulations, no person shall make a significant transfer of shares in a land-owning company unless he has notified the minister of his intention to transfer the shares and (a) the minister has issued him with a certificate of no present interests or (b) the minister has not responded to the notification within the 90-day period”.

Section 10 of the same regulations state that “any transfer of land or shares effected in contravention of these regulations shall be void”.

Mazithulela argued that nowhere in their papers did the applicants comply with section 4(1) of the Land Acquisition (Disposal of Rural Land) Regulations 1999.

  • Follow Nqobani on Twitter  @NqobaniNdlovu

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

law an courts

Woman who allegedly hacked husband to pieces and fled to Zimbabwe too ill for court – IOL

Rustenburg – The murder case against a 42-year-old woman accused of killing her husband six years ago and tossing his body parts in three different pit toilets was postponed at the Mankwe Magistrate’s Court in Mogwase on Tuesday due to her ill-health.

The court heard that Nancy Majonhi was too ill to attend court and was admitted to hospital where she was under police guard.

In her previous appearance, the court ordered she be subjected to mental examination before applying for bail.

Majonhi did not appear in court on October 12 due to ill-health, and the court was told she was refusing to eat while in police custody.

MORE ON THIS

She is accused of beating her husband Prosper Chipungare with a hammer until he lost consciousness, she then chopped him with a spade and disposed of his body parts in three pit toilets.

She, thereafter, thoroughly cleaned the place and went to Sun City police station, where she reported her husband was missing.

According to North West police, the incident occurred at a rented room in Ledig near Sun City on July 28, 2015, after the couple had a fight.

After the incident, Majonhi went home to Zimbabwe, where she confessed to her family and in-laws that she had killed her husband.

The families arranged to come to South Africa, and Majonhi handed herself over to the Sun City police.

Following her arrest, three pit latrines she pointed out as the places she had buried her husband’s body parts, were searched and the police managed to retrieve a skull and bones which would be subjected to deoxyribonucleic acid (DNA) tests.

The case was postponed to November 9.

IOL

Continue Reading

law an courts

Wedza Man Sentenced To Death For Killing Employer – New Zimbabwe.com

Spread This News

By Mary Taruvinga


A WEDZA man Tapiwa Murombo has been sentenced to death for murdering his employer over a debt dispute.

The sentence was handed by a High Court judge, Justice Priscilla Munangati-Manongwa following Murombo’s conviction over the murder of Partson Musarandoga.

He was found guilty in 2015.

In delivering, her sentence the judge said Murombo failed to exonerate himself from the offense, and evidence produced in court weighed heavily against him.

The court proved that after killing his employer, Murombo wrote a suicide letter purporting to be Musarandoga.

In the fake letter, Musarandoga was said to have told his family to give Murombo a tonne of maize and 25 liters of diesel to cover up for the money owed.

Musarandoga’s body was found dumped at Rhodesdale dam a few days after he went missing.

Police immediately started investigations leading to the arrest of Murombo following a high-speed car chase along the Harare-Chirundu highway.

In court, Murombo pleaded not guilty to the charge, arguing he had parted ways with Musarandoga cordially after the two settled a US$4 000 tillage debt owed to him in exchange for a Toyota Vitz.

However, according to the state, on August 21, 2015, Murombo axed Musarandoga on the head at a farm situated along the Wedza road.

He then stole Musarandoga’s vehicle.

The state proved after committing the murder, Murombo went on to forge a suicide note with contents directing him to get proceeds from selling the deceased’s tonne of maize, diesel, and a car battery.

Murombo then disappeared to an unknown location before the deceased’s son called him looking for his father.

The court heard that Murombo provided two different addresses in Rusape to the deceased’s son where he claimed Musarandoga had relocated to with his new wife.

Murombo switched off his mobile phone before proceeding to Kariba to buy kapenta fish for resale.

However, after a tip-off, police officers from the Homicide Section pursued Murombo along the Harare-Chirundu highway where they shot him on his leg when he tried to escape.

The deceased’s particulars and a Nokia Asha 303 phone were found in Murombo’s possession.

He was later taken for indications at Rhodesdale dam in Wedza where Musarandoga’s body was found.

In her ruling, the judge said; “The court finds that the reasons advanced are not such as to convince the court not to pass the death sentence. In essence, after taking all factors into account, this court finds that there are no circumstances of a mitigating nature that would call for a lesser sentence.

“Neither a life sentence nor a sentence of not less than 20 years will meet the justice of the case. Thus, in the absence of any meaningful reasons advanced by the accused as to why the death sentence should not be imposed upon him, and the accused not being in the group that is excluded by s 48(2)(c) of the Constitution of Zimbabwe Amendment (No. 20) from receiving a death sentence, the accused is sentenced to death,” she said.

“The accused shall be returned to prison to be held until the execution of the sentence according to law.”

Continue Reading

law an courts

Court finds Colombia responsible for rape, torture of journalist – Yahoo Eurosport UK

The Inter-American Court of Human Rights on Monday ruled that the state of Colombia bears responsibility for the ordeal of a female journalist who was kidnapped, raped and then tortured in 2000 by paramilitaries.

Jineth Bedoya was working for the El Espectador newspaper at the time, investigating a weapons smuggling ring, when she was abducted and assaulted by far-right militia members.

The paramilitaries, some of whom have since been convicted, were among the forces that fought left-wing guerrillas in Colombia until their official demobilization in 2006.

The acts against Bedoya “could not have been carried out without the consent and collaboration of the (Colombian) State, or at least with its tolerance,” the court, an autonomous part of the Organization of American States (OAS), ruled on Monday.

Bedoya, now 47, hailed the decision.

“October 18, 2021 goes down in history as the day when a struggle that began with an individual crime has led to the vindication of the rights of thousands of women who have been victims of sexual violence and of women journalists who leave a part of their lives in their work,” tweeted Bedoya, who was awarded the UNESCO World Press Freedom Prize last year.

Colombia “fully accepts the decision,” President Ivan Duque tweeted.

“I will always condemn any violent act against women and journalists,” he said. “The sentence should serve as a guide to actions that can be implemented to prevent anything like this from happening again.”

Bedoya had implicated agents of the state, in particular an “influential” general of the police force, in the attack, which started when she was kidnapped in front of La Modelo prison in the capital Bogota.

The paramilitaries tortured and raped her for 16 hours before leaving her lying naked by the side of a road.

Bedoya has said she has suffered two decades of “persecution, intimidation and constant threats.”

– ‘Deadly dangers’ –

The Colombian state was guilty of “failing to investigate the threats that had been received” by Bedoya, according to a statement released by the judicial wing of the OAS, headquartered in Costa Rica.

The failure to investigate violated Bedoya’s “rights to judicial guarantees, judicial protection and equality before the law,” the court ruled.

It also ordered Colombia to “punish those remaining responsible for the acts of violence,” and called for other measures including the creation of a training program for public officials and security forces focused on violence against women.

It made no reference, however, to the closure of La Modelo — one of Bedoya’s main requests.

The Colombian state had apologized to the journalist before the same court in March, when it also ordered the government to immediately ensure the safety of Bedoya and her mother, who had both been victims of threats — including a 1999 attack on both that the state failed to investigate.

The Inter-American Commission on Human Rights had referred the case to the court in 2019. Its decisions are definitive and unappealable.

The Press Freedom Foundation (FLIP) welcomed Monday’s “dignified” decision for a woman who “has tirelessly sought justice for more than 20 years.”

And the Committee to Protect Journalists (CPJ) called it “a historic acknowledgment of the deadly dangers that Colombia’s female journalists face.”

“The Colombian government has for years refused to acknowledge or make amends for its responsibility in this case,” it said in a statement.

das/rsr/jb/roc/jh/st/reb/qan

Continue Reading

Trending