In a significant victory for property rights, the Bulawayo High Court has ruled that the government’s expropriation of land owned by human rights lawyer Siphosami Malunga and his business partners was unlawful and unconstitutional. The court’s decision has far-reaching implications for land reform and property rights in Zimbabwe.
Malunga, along with his partners Zephaniah Dlamini and Charles Moyo, had been locked in a bitter legal dispute with the state over the compulsory acquisition of their farm, Kershelmar Farms, in Nyamandlovu. The government’s move was gazetted in December 2020, sparking a fierce battle that has now been won by the farm owners.
Justice Bongani Ndlovu slammed the government’s actions, saying they represented a “blatant disregard for the principles of legality.” The judge emphasized that procedural fairness and substantive compliance with the Constitution and the Administrative Justice Act were not observed in this case.
The court’s decision is a significant victory for Malunga and his partners, who can now resume operations on their farm after years of uncertainty. The ruling also sends a strong message about the importance of upholding property rights and the rule of law in Zimbabwe.
The case has drawn widespread attention amid growing concerns over selective application of land laws and continued threats to property rights, even for indigenous Zimbabweans. The court’s decision may have far-reaching implications for land reform in Zimbabwe, emphasizing the need for fairness, transparency, and adherence to the Constitution.
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