A Tshwane woman who purchased a property in Nellmapius, Pretoria, successfully evicted a woman who claimed to have bought the RDP house almost 15 years ago.
Tebogo Liza Dlamini approached the North Gauteng High Court in Pretoria after she was unable to move into her property after buying it on October 3, 2016.
Dlamini bought the house from Oupa Mogale for R170,000 and had the house transferred into her name in 2019. Mogale works at the housing department.
When she went to the house, she found JM Chuene, who told her that she also bought the house from Mogale for R30,000 in August 2009.
Dlamini went back to Mogale and he assured her that he did not sell the house to Chuene and promised to evict her. However, he failed to comply with his undertaking.
On November 4, 2019 City of Tshwane connected the services of the immovable property in Dlamini’s name.
On December 9, 2022 Dlamini’s attorney received a letter from Sihlangu attorneys indicating that their client, Chuene, had purchased the property from Mogale on August 4, 2009.
In court, Chuene argued that she entered into a contract with Mogale after he had been allocated the property by the housing department even though it had not been transferred into his name.
She said she made several efforts to have the property transferred into her names but Mogale could not be located.
Moreover, she made improvements to the property, as she has been living on the property for about ten years.
Meanwhile, Dlamini said she was the rightful owner as the house is registered in her name and she has the title deed.
Judge Masibonge Baqwa said what was notable in the case was that Chuene was an elderly person with children and grandchildren who have resided on the property for about ten years.
He said Dlamini’s circumstances were also dire because she was living in a room with her daughter, and her other child has to reside with family members because they can’t all fit in the room.
Looking it at both circumstances, the judge said even though the property initially belonged to Mogale, in 2009, the same year Chuene bought the house, Mogale did not have the title to the property and therefore had no right to sell it.
He only got the title deed in 2013.
Furthermore, the judge said any sale, lease or other type of alienation of State subsidised property is strictly prohibited within the first eight years of acquiring it unless the property has first been offered to the relevant provincial housing department.
Additionally, once the person who acquired the property vacates it, the relevant housing department is deemed to be the owner of the property.
“There is no evidence that Oupa Mogale resided on the property when he sold the property to Chuene.”
The judge said Chuene can bring action against Mogale.
As a result, the judge ordered Chuene to remove all her personal belongings from the property within 90 days from the date of the order.
sinenhlanhla.masilela@iol.co.za
IOL News
