Ex-prof in battle over home
Court orders former NMMU academic to sign transfer after he sold home then locked out buyer
A DISGRACED former university professor has been ordered to sign over transfer of his luxury Summerstrand home after he sold the property and then, bizarrely, refused to give up ownership.
In addition, should Velile Notshulwana fail to comply with the court ruling, the sheriff of the high court has been directed to use the services of the police and a locksmith to gain access to the property.
Notshulwana, who left NMMU in 2014 after he was accused of CV fraud, was slapped with court action after a Bluewater Bay resident became fed up with being given the runaround.
Kevin Terblanche said he had sold his home in Bluewater Bay after his R1.75-million offer on the Nobbs Road house was accepted by Notshulwana and his wife, Robin.
Terblanche entered into a written sale agreement with Notshulwana on January 17.
He said in terms of the agreement, Notshulwana had undertaken to furnish him, prior to occupation or transfer of the property, with a valid electrical compliance certificate not older than three months.
The sale was also subject to Terblanche selling his Settlers Steps home, a condition which, he said in an affidavit, had been met timeously.
According to papers before court, Notshulwana was in default with Standard Bank in terms of a loan agreement, and both a default judgment and warrant of execution to sell the property had been granted against him.
The property was due to be auctioned, but the bank agreed that a private sale would possibly yield a better nett result. It would also mean less costs to the Notshulwanas, and was therefore more favourable to all parties involved.
However, while the bank had agreed to hold off on the auction, Terblanche feared it would ultimately be left with no choice but to auction the property, meaning he would lose the house he so badly wanted.
“[But Notshulwana] refuses to transfer the property into my name,” Terblanche said. “Furthermore, he has not provided me with an electrical compliance certificate, and considering the breach, I believe he does not intend to do so.”
Terblanche, represented by Danie Gouws Attorneys, said he had failed on numerous occasions to force Notshulwana to comply.
He said he had applied for a bond through Standard Bank but it would not provide the bond guarantees without the electrical compliance certificate.
“It will be necessary for me to gain access to the property to ensure that an electrician can do the necessary inspection,” he said.
On Tuesday, Acting Judge Nyameko Gqamana agreed.
The judge gave Notshulwana seven days from service of the order to comply with the terms of the sale agreement.
“Should the respondent fail to comply, the sheriff of the high court is directed and authorised to use the services of the SAPS and a locksmith to allow an electrician to gain access to the property,” Gqamana said.