Right of inheritance of a residential site no.1140 at the Botshabelo’s first-ever residential settlement Section A is at the centre of a controversial battle between two unrelated claimants. Dimakatso Suzen Khalanyana and Sabata Isaac Van Tonder, whose parents Florinah and Pakiso Van Tonder died in 1989 and 1990, respectively.
The Van Tonder’s other children are Paulus, Masabata and Matankiso. The four siblings were legally placed in the care of their neighbour Sannah Hamca (73), who says she raised the four siblings until they reach maturity age.
The opposing claimants of the site stay in separate shack dwellings erected on the site which is the bone of contention. Sabata’s parents appear as registered holders of the Permission to Occupy rights (“PTOs”). The Van Tonder’s reportedly got the PTO in 1979 after purchasing the site at R94. This was after they settled there from Kromdraai, a slum settlement north of Thaba Nchu. Legal status of (PTOs) right provides confirmation, in writing, that the land being occupied by the holders was lawfully allocated to the occupants. Details of Sabata together with his siblings appear in the PTO.
But Makhalanyana applied for eviction claiming Sabata (37) was an “illegal occupant,” and furthermore, she has right of inheritance, by virtue the site belongs to her deceased live-in partner, Buti Mohale. The woman enlisted Legal Aid South Africa services to institute legal proceedings. The Mangaung Metro Municipality appears as the second respondent in this matter and Sabata the first.
According to records from the Mangaung Metro, water account was once registered under two individuals, Mohale (2007) and MJ Vis (2005, 2010, 2013, till 2016). However, it remains a “mystery” how the ownership of the site no.1140 in Section A was changed.
“There’s no proof whatsoever of sale agreement or written permission by my other siblings to change ownership. This is a mystery to all of us how she and others got ownership or titled deeds ahead of us children of the Van Tonder. We were very young when our died and were raised by the Hamca family, ” says Sabata.
The tug of war over right of inheritance saw Sabata evicted on Friday (19/03). His one-room shack dwelling was uprooted, and his belongings put in the street, allegedly by a group of men claiming they carried out a sheriff instruction.
The matter reached this stage because of default judgment after Sabata’s legal representative, Patrick Maxaka, reportedly withdrew at the last minutes without providing reasons. The lawyer withdrew on the day of the case was due to be heard in the Botshabelo Magistrate’s Court on 2 November last year. Sabata is adamant that together with his two surviving siblings were rightful beneficiaries. “This is the only asset or piece of generational wealth our deceased parents left us. Our parents were victims of apartheid laws in totality, subjected to abuse and lose human dignity. We are being subjected to the same painful past by the people claiming ownership of our site. Officials at the Mangaung Metro’s office in Botshabelo are refusing us access to file to proof our case,” says Sabata.
The Van Tonder’s were among the first group of the more than 100 000 people to relocated to upon forming of Botshabelo township in 1979. Among them was Hamca (73), long time neighbour of the deceased couple. She confirmed she knew the Van Tonder’s very well having arrived simultaneously in 1979 from Kromdraai upon formation of Botshabelo township. “I’m equally shocked by the take over of the Van Tonder’s place just like that,” says Hamca.
