BFLF helps pair occupy mansion

BLACK First Land First leader Andile Mngxitama has reportedly assisted unauthorised people to occupy a mansion in Brooklyn in Pretoria.

The house had been standing empty for about three years after the owner died.

Lawyer Michael Potgieter, executor of the estate of the late Willem and Dorothea Serfontein, turned to the Gauteng High Court, Pretoria, to have the occupiers evicted.

In his application, Potgieter asked the court to urgently evict two people, identified as Amanda and Dlozi, He also asked that any other occupants of 253 Brooks Street be evicted.

In her answering papers, Amanda Mjindi, who gave her address as 253 Brooks Street, opposed the application. Mngxitama filed an affidavit in support of Mjindi.

Potgieter said in an affidavit that Willem Serfontein died in 2011 and left their luxury home to his wife. She died in May 2015, and the house had been empty since then.

The couple’s two children live abroad, but an employee who has been working for the family for years, Mahlatsi Nkawana, lives in an outbuilding as caretaker.

There is a problem in concluding the estate, and the property is the subject of another court action instituted against the lawyer by a prospective buyer.

Potgieter said security at the property was inadequate and there had been numerous break-ins. He said it had come to his attention that on July 24 a group of unknown people moved on to the property without consent.

The caretaker saw the group and noticed a locksmith, who they had hired, was opening the locks. They also opened mail which was in the postbox.

Potgieter went to the house and confronted the group, two of whom were women.

“I asked what they were doing there. They introduced themselves as Amanda from the Eastern Cape and Dlozi from KwaZulu-Natal. They declined to give surnames.”

Potgieter said he told them he was the executor of the estate to which the house belonged and asked how they had gained entry. They simply pointed at the open door.

“They said they were students from the University of Pretoria who could not afford accommodation.”

They told him their lawyer was on his way. After a while, a man who said he represented Black First Land First and who introduced himself as “Andile” arrived at the house.

Potgieter said he returned to the house the next day with the police, who went upstairs.

In a room were five people sleeping on a mattress. The police told them they were trespassing, but they claimed they had been staying there for some time and if Potgieter wanted to get rid of them, he had to obtain a court order.

Nkawana and several neighbours confirmed the group moved in only last month.

Potgieter said he was dutybound to preserve the assets, as it was valuable property worth about R3 million. He feared the “illegal occupiers” would damage the property and that once they got comfortable, they would not move.

An urgent court hearing took place on August 24, where Mngxitama told the judge he spoke on behalf of the group and there was a lease agreement in place with the executor of the estate.

He wanted this “agreement” to be made an order of court. The matter stood down for the group to present an affidavit.

Mjindi, in her affidavit, said the matter was not urgent and that they were legally in the house as Potgieter had granted them permission to stay there after they had moved in. She said the property had been vacant since the owners died.

Mjindi also stated that the property had been subjected to vandalism before, and their presence provided security.

“Since we took occupation, we have attempted as best as we can to refurbish the property to ensure it is properly taken care of.”

She said they were legally there as Potgieter and Mngxitama had entered a lease agreement. Potgieter denied this.

Fears damage will be done to deceased estate property worth R3m