Bulawayo High Court stops trial of Esidakeni farm directors

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By Bulawayo Correspondent

THE High Court has ordered Matabeleland North Provincial Magistrate Victor Mpofu to stop the trial of three Esidakeni farm directors who include son of late liberation hero Sydney Malunga, Siphosami, currently facing charges of unlawfully occupying the property.

Siphosami, a prominent human rights lawyer was arrested in August this year alongside co-directors Zaphaniah Dhlamini and Charles Moyo after ownership of farm was contested by ruling Zanu PF secretary for administration Obert Mpofu and party activist Dumisani Madzivanyathi.

The two argue that they bought Esidakeni farm from Kershelmar Farms (Pvt) Limited.

Justice Evangelista Kabasa ruled in favour of the applicants after their lawyer Josphat Tshuma applied for stay of proceedings until the initial case which is being heard at the High Court had been finalised.

The application, which was filed with the High Court on October 31, 2022 was heard on December 13. Kabasa withheld judgement then.

They sought to stay criminal proceedings being heard at Tsholotsho Magistrates Court pending outcome of the review of proceedings being conducted.

“This is an urgent chamber application, wherein the applicants seek an order staying the criminal proceedings under cover of Case No. CRB NYA 75-77/22, NYAM 47/07/22, pending the outcome of the review proceedings under H264/22.

“This application is the premise on the grounds that if the criminal proceedings are not stayed it may result in a miscarriage of justice being occasioned on the applicants,” reads part of the court application.