BULAWAYO – A court in Tsholotsho released on bail human rights advocate Siphosami Malunga and his two business partners on Monday after they were charged with “occupation of gazetted land without lawful authority.”

Zephaniah Dhlamini and Charles Moyo were arrested on Sunday and held overnight in Nyamandlovu, while Malunga presented himself to police on Monday before the court hearing.

The three men, who were not asked to plead, were released on Z$10,000 bail each by Tsholotsho magistrate Victor Mpofu. The National Prosecuting Authority had opposed bail.

The trio’s arrest follows a criminal complaint filed by two people who were allocated land at Esidakeni Estate in Nyamandlovu, a 554-hectare farm which Malunga, Moyo and Dhlamini bought in 2017 but was subsequently listed for compulsory acquisition by the government in 2020.

Malunga, the director of programmes at the Open Society Foundations in Africa, says the farm was targeted because of his criticism of Zimbabwe government leaders and support for pro-democracy activists. One of the individuals allocated a section of the farm is Obert Mpofu, Zanu PF’s secretary for administration.

In a statement provided to police, which is now part of the court documents, Malunga said he and his partners who are directors in a company called Kershelmar Farms were presently not in occupation of Esidakeni.

“We filed cases to have those people with offer letters who have taken occupation of our farm evicted. We have High Court and Supreme Court judgements in our favour,” Malunga said.

“These judgements ordered the eviction of the said offer letter holders from Umguzan Farm popularly known as Esidakeni. Some of them remain in occupation of the farm through their workers, thus they are in contempt of court.”

The trio’s lawyer Josphat Tshuma said there was no justifiable reason for their arrest, given that the gazetting of the farm for compulsory acquisition was challenged at the High Court and the matter is pending.

The High Court and Supreme Court, said Tshuma, expressly directed that Malunga, Moyo and Dhlamini “must be restored into the possession of the farm, which means their occupation is not unlawful.”

Tshuma said Mpofu, who is subject of some of the court rulings, had put armed guards at the entrance to the farm, preventing Kershelmar’s owners from entering.

Magistrate Mpofu remanded the trio to September 6 for trial.