The purchase of what was to be a family home turned into a nightmare for a local mother who says she had to leave the property following threats against her life.
Celiwe Dlula had purchased the then one-bedroom RDP house in Capricorn near Muizenberg in 2009 from a woman who sold it to her for R22 000.
“After seeing it I thought it would be a great home for my family and asked how to go about buying it. I was referred to the police who told me they no longer do affidavits for RDP house purchases, but they then referred me to a lawyer who assisted me with the deed of sale, which I have, but I never got the title deed. The owner and myself both signed and I moved in,” she said.
Dlula said that when she moved in, the house didn't have a front door and required some work.
“I fixed it and renovated it to make it three bedrooms, and finally it was a place I could call home.
“A few years later, a young man then came and said he wanted ‘his’ house back. I found out later that he was the son of the woman who had sold me the house.”
“By this time the house was renovated, I had tenants who lived in the yard. I told him that I had bought the house, but that did not interest him, he swore at me and terrorised the tenants. He even told me that the rent from the tenants would be paid to him.”
The man apparently gave her five days to vacate the house that she had called home for nearly 14 years.
“Even his mother told me that ‘if you value your life, you will leave’ and that scared me. I eventually approached the police for a protection order. After being sent from pillar to post, the Muizenberg SAPS said that they had not delivered the protection order because they had no vans.
I called them several times for two weeks and they still had not delivered the protection order to the family. By this time I had moved out because of the threats to mine and my children’s lives. I have asked them many times for my money back and the money used to renovate.”
She said that the police were slow to deliver the protection order and despite several attempts to seek interventions, they had “failed” her.
Police spokesperson FC Van Wyk said that a notice for a protection order was served on the daughter of the respondent, on July 4.
“The complainant is encouraged to lodge a complaint with police management or IPID so that the allegations can be investigated. The alleged behaviour by our members will not be tolerated and we will take appropriate action if the allegations can be substantiated,” he said.
Regarding the sale of the house, the City said that according to legislation, a recipient of a Breaking New Ground (BNG) house (the old RDP houses) must keep the house for at least eight years before it can be sold.
“If it is sold after eight years, it is an acceptable free market transaction.
During the first eight years, permission to sell must be requested from the Department of Human Settlements.
Permission may be granted based on the reasons for selling. In this case, the City can confirm that the (sellers) are the owners of the property in question.”
Conveyancing attorney Marc Leon said that the situation was an “all too often occurrence”.
“Prospective purchasers are cautioned to always ensure that the title deed allows the property to be sold before entering into any transaction and to ensure they receive a new title deed in their name to prove ownership. A deed of sale would have weight if it is a valid deed of sale, however the validity would be called into question on the issue of ownership,” he said.
Cape Times