A tug of war over a stand in Botshabelo has resulted in one claimant, Sabata Isaack van Tonder, being evicted on Friday (18/03).
His one-room shack dwelling was upturned and his belongings put in the street, allegedly by a group of men insisting that they were carrying out sheriff’s instruction.
The other claimant embroiled in the dispute is Dimakatso Suzen Khalanyana.
Both of the parties claim they inherited residential site No. 1140 in Botshabelo’s first-ever residential settlement, Section A.
Khalanyana applied for eviction, claiming Van Tonder (37) was an “illegal occupant,” and furthermore that she had a right of inheritance by virtue of the site belonging to her deceased live-in partner, Buti Mohale. She enlisted the services of Legal Aid South Africa.
The Mangaung Metro Municipality appears as the second respondent in this matter, and Van Tonder as the first.
According to Mangaung’s records, the water account was once registered under two individuals, Mohale (2007) and M.J. Vis (2005, 2010 and 2013 until 2016).
According to Van Tonder, the eviction was due to a default judgement granted at the Botshabelo Magistrate’s Court. This happened in November last year after his legal representative had reportedly withdrew at the last minute.
Van Tonder’s deceased parents, Florinah and Pakiso, appear as registered holders of the Permission to Occupy rights (PTO’s) of the stand in question. They reportedly got the PTO in 1979 after purchasing the site for R94.
This was after they had settled there from Kromdraai, a slum settlement north of Thaba Nchu.
The legal status of PTO rights provides confirmation, in writing, that the land being occupied by the holders had been lawfully allocated to the occupants. Van Tonder’s details, together with that of his siblings, Paulus and Masabata, appear in the PTO.
Van Tonder’s parents died in 1989 and 1990, respectively. Following their death, the children were legally placed in the care of their neighbour, Sannah Hamca (73), who says she raised the siblings until they reached legal maturity.
Van Tonder says it “remains a mystery” how the ownership of their parents’ site was changed.
“There’s no proof whatsoever of a sales agreement or written permission by my other siblings to change ownership,” he says.
“It is a mystery to all of us how the woman and other two men got ownership or title deeds ahead of us.
“We were very young when our parents died and were raised by the Hamca family.”
Van Tonder is adamant that he and his two siblings are the 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 losing 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 the file in which we will be able to see who the rightful owners are,” says Van Tonder.
It emerged the Van Tonders were among the first group of the more than 100 000 people relocated to the Botshabelo township in 1979. Among them was Hamca, long-time neighbour of the deceased couple. She confirmed she knew the Van Tonders very well, having arrived simultaneously in 1979 from Kromdraai.
“I’m equally shocked by the takeover of the Van Tonders’ place, just like that,” says Hamca.
