Bedridden mkhulu ( 85) served with eviction order
SITEKI – An 85- year- old bedridden diabetic elderly man was on Friday served with a Court Order, evicting him from a land he has occupied with his family for over three decades.
According to Cebie Ntshalintshali, daughter to Albert Mfaniseni Ntshalintshali, the plot was bought by her late mother, Mavis in 1987 from the initial owner, Rita Fisher.
Ntshalintshali has two children, Cebie ( 36) and Zamokuhle ( 27) and eight grandchildren. The new owner of the plot is Phinduvuke Transport owner, George Jwankie.
On Friday around 2p.m Siteki Deputy Sheriff Samkeliso Ngwenya in the company of three police officers served the family with the High Court Order, evicting the family from Lot. No. 87 under the Siteki Town Council.
The police officers, one armed with a rifle, ensured that the family members removed their household items from the three- bedroom house. The plot also has two one room flats which are leased out. Also found at the homestead was Zanele Ngcamphalala from the Social Welfare offices in Siteki.
The Court Order dated July 15, 2021 in the matter between George Jwank-ie (Plaintiff) and Albert Mfaniseni Ntshalintshali (Defendant) issued by Judge Cyril Maphanga states, “Whereupon having heard counsel for the Plaintiff and having considered the papers filed in court, it is hereby ordered that ejectment and or eviction of the Defendant and those holding title under him from portion 87 (a portion of portion 29 called Flame Tree Park) of farm No. 180 situated in the Lubombo Region.”
The signed Deed of Sale dated December 08, 1987 between the buyer (Mavis) and seller (Rita) is in this publication’s possession.
According to the Deed of Sale, the purchase price was E20 000 and the purchaser deposited E5 000 to the seller, Maphalala and Company facilitated the process with the contract copied to the Master of the High Court. Narrating the matter, Cebie claimed that they have occupied the plot since 1987. She alleged that her late mother, Mavis bought the plot from one Rita Fisher.
She mentioned that her mother died i n February t his year due t o health complications. “It is unfortunate that Mrs. Fisher died before the change of ownership was done. However, my mother has been paying rates since 1987 at the Siteki Town Council. My father has been bedridden since 2019 after he suffered a stroke, which I believe was due to stress with all these prevailing issues. We got the eviction order last week. But today ( Friday), they came with the police to evict us,” she alleged.
20 YEAR LEGAL BATTLE
Cebie alleged that the matter has been in and out of court dating back to 2000. She claimed that they only learnt about the new owner of the plot after her father was told by the Siteki Town Council office that the plot rates had been paid.
“This happened in 2017 and he asked about the good Samaritan who had paid the rates and was told that it was Mr. Jwankie. He thanked the officers because he thought he did it out of a good heart as a businessman. He once offered the family E450 000 to buy the plot but my father declined that offer,”
she claimed.
When asked if the Siteki Town Council offices communicated the latest developments to her family, regarding the change of ownership, Cebie responded to the negative.
Asked about her presence, Social Welfare Officer, Ngcamphalala said she promptly attended to the situation after she was called by the family. “It is a serious issue due to the fact that an old man is sickly and bedridden . I have communicated my findings to the Deputy Prime Minister ’s Office and will await their feedback,” she said.
The new owner of the plot, Jwankie, first stated that the matter has dragged on for far too long as he alleged that the family was informed about their eviction a long time ago.
“I bought the plot in 2005 from the two children who are the beneficiaries of the land. I have been asking the family to vacate my plot but they have been resistant. I enquired and consulted with my l awyers about t he plot before buying it and they informed me that it has no title deed, I can buy it. I did so. So, now I want to use the land,” he claimed.
The businessman asked this publication to contact the Siteki Town Council so that the office sheds light regarding the ownership of the plot.
When asked about the allegations that he once offered E450 000 to buy the plot from the family, Jwankie rubbished those claims, stating that he only offered to compensate the family with the money they used to connect water and electricity to the property.
Shirley Fisher could not be reached for comment at the time of compiling this report as her mobile phone was off on the MTN network.
Siteki Town Council Chief Executive Officer (CEO) Sithembile Simelane said as an office, issues involving change of ownership and sale of land or plots were between the buyer and seller. “We only facilitate what has been brought to us as an office. Issues of land transfers are dealt by the parties concerned,” she said.
Deputy Prime Minister (DPM) Principal Secretary (PS) Makhosini Mndawe said he would investigate the matter. “It has not yet reached my office. If it is true, I have to get the details before taking action,” he said.