Family safe at home as eviction order postponed

2010-02-20 10:04

HOTLINE helped prevent a Mpumalanga family from being evicted from

their home this week.

“Drastic times call for drastic measures. I did not have anyone to

turn to but Hotline,” said a relieved Ntsoaki Mabule from Emalahleni. “My family

would probably be stuck in the cold. But Hotline’s intervention yielded good


On Wednesday, Hotline heeded a call from a desperate Mabule to save

her from possible eviction by the sheriff of the court.

She is the widow who complained a few months ago of spending

sleepless nights ­agonising over what to do after discovering that the property

belonging to her late husband Thomas – whom she married in community of property

– was registered in someone else’s name.

This was despite an insurance payout from Old Mutual to Nedbank

which she believed had gone towards settling the outstanding home loan


Nedbank acknowledged receiving the money but said there was a

shortfall of R19?505 which had accumulated interest, reaching the sum of

R78?194. The bank said it sold the property to a third party in 2005 ­after

failed attempts to claim the outstanding balance from Mabule.

Last month, Nedbank could not explain how the notification had been

sent to the widow.

The bank ­requested an opportunity to go through the archives as

the home loan account was inherited from the now defunct Perm Bank. It also

promised to contact Mabule to try to reach an agreement.

Instead, Mabule received ­another eviction order from the sheriff,

who was acting on behalf of the new ­owner.

Hotline had only been at Mabule’s house for less than an hour on

Wednesday when a convoy from the sheriff’s office comprising a truck with 10

assistants, a private car and two police vans ­arrived at the ­property.

Our team prevented the situation from turning into chaos following

violent threats by neighbours who had gathered outside the house.

The sheriff, Franse Makwela, was willing to discuss the details of

the eminent eviction but advised Hotline to contact the law firm responsible for

the court order, Van Rensburg Kruger Rakwena Attorneys.

Jabu Rakwena of the attorneys’ office agreed to postpone the

eviction and to follow the necessary court process. He explained that his

client, Xolisile Mnisi, bought the property from an estate agent in 2007.

A copy of the deed report in Hotline’s possession shows that the

property had been sold to various people and agents since 2005.

Rakwena said that following discussions with his client, it was

agreed that Mabule should buy the property back.

But she failed to do so and refused to vacate.

“I can confirm that my client is no longer interested in the

property. We are prepared to sell it back to Mabule,” Rakwena said.

The attorney has given Mabule a month to devise a plan to buy back

the property.

Nedbank this week said they were still investigating the


“I am grateful for the ­assistance,” said Mabule. “The ­delay will

give us time to work on the solution.”

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