Township property skulduggery

Published Jul 5, 2015

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We need more fearless activists such as the brave and relentless Pinky Moticoe, writes Zingisa Mkhuma.

Johannesburg - Kathleen “Pinky” Moticoe deserves an award for bravery and resilience. The 47-year-old Soweto mother survived two attempts on her life, when unknown assailants tried to drive her car off the road. She’s still in crutches as a result of the last such attack.

She and her son have been arrested twice, and endured a night in jail on trumped-up charges that were later withdrawn.

But this Orlando East modern-day activist is still determined to push ahead with her quest to help as many victims as possible of the widespread property fraud that is shaking major black townships and putting families on the streets.

The youthful-looking ward councillor popularly known as “Pinky” spends most of her waking life going from door to door, assisting people who have been illegally evicted from their homes, or are facing the threat of eviction because of property fraud.

As you walk with her, she fields calls from distraught and desperate people who don’t know where else to go because of looming evictions and threats of imprisonment for “trespassing” in their own homes.

Property fraud is huge business in all major black townships, and scores of families are finding themselves out on the streets, while others face going to jail for up to two years on trespassing charges, if they refuse to move.

Besides unscrupulous councillors, sibling feuds and rivalries, the police and property agents are said to be colluding to make huge profits from the former council-owned properties, which are in demand.

Recently, an NGO dealing with evictions called Housing Class Action (HCA), called upon government to establish a full-scale public inquiry into evictions and property fraud, including extreme corruption in the legal system and the police services.

HCA’s legal adviser, King Sibiya, said property fraud and evictions in South Africa have reached crisis levels. So much so that on any given Tuesday, 80% of the court roll in the South Gauteng High Court consists mainly of property dispute cases.

Buying a house in one of the formerly black townships, especially in Soweto, has become trendy among the growing black middle class, because the area has enjoyed major developments over the past 20 years. Soweto has also become a major tourist attraction, offering business opportunities to aspiring small to medium enterprises.

Formerly marginalised areas such as Orlando, have also been earmarked by the City of Joburg for sector investment in excess of R8bn. Orlando alone stands to benefit by close to R1 billion because of the Orlando eKhaya precinct development that features multiple development sites covering 300 hectares.

These include Isango Waterfront Mall; Elangeni Waterfront; Elangeni Events Stage; Orlando Bridge; Orlando Towers; University of Johannesburg Soweto Campus; Katavi Orlando Villages and Joshco-Orlando Hostel Conversion.

Right now there is a scramble for property in Soweto, especially in prime areas such as Orlando East, where the sizes of the stands are twice those of an average township house at more than 550m². Caught in the middle of the township property boom are poor families who inherited homes from the first generation of owners who died intestate.

It then becomes open season, with each family member claiming to be the rightful heir. Without a will it becomes difficult to prove ownership.

At the helm of the property rush stands Pinky, whose hands are full dealing with illegal evictions caused by fraudulent sales of houses in Orlando East.

Sunday Independent spent time with her as she moved from one aggrieved family to the next, trying to help the distraught members reclaim their property. This is often a futile exercise if they are too poor to afford lawyers’ fees in the region of R10 000.

Pinky, like the majority of her neighbours, also inherited her home after her grandmother died intestate in 2008. She says: “I am one of those people fighting against corrupt councillors and estate agents, but they won’t come after me because they know I’m vigilant and I know my rights. These people target the poor and illiterate. These evictions have reached crisis levels. This is huge, because back in 2012 I started working with house No 4373 in Adam Street, and in no time I had more than 10 complaints.

“Although it takes a long time to resolve these issues, the people are re-instated in their homes with the help of lawyers and the courts.

“Some lawyers are not innocent in this game, because huge monies are involved. In the Mthethwa family feud, for example, their lawyer told them to hand over the house keys, although the house was sold illegally,” she says.

It seems that fraudulently obtained title deeds or letters of authority are at the centre of all the disputes, because the victims are able to produce an original title deed showing they have a legitimate claim over the property. The fraudsters also have official documents to lay claim to the same properties.

“These unethical people normally go for the poor and illiterate and, as we speak, I am swamped by people needing help. I won all of (the cases), although they take long. But people do get re-instated in their homes eventually. One of the houses I rescued belongs to the Mthethwas. I met them on the Sunday, when they were supposed to hand over their keys to new tenants.

“They had been arrested for trespassing in their own home. One of them is a victim of the June 1976 police brutality who has a disability, yet the lawyer was prepared to allow them to be evicted. I stopped them from handing over the keys and we went to court. I strongly believe local councillors are not assisting people when they turn to them for help. The poor, who survive from the income obtained from renting out their shacks, can’t stand up to authority. How do you challenge someone who has money, and comes with the Sheriff of the court in tow?

“These are people who don’t know their rights. They are made to sign documents with contents they don’t understand. After 14 days, or, in some cases, even on the very same day of signing, the Red Ants pounce and throw them out.

“These matters are reversed only in the High Court and if you don’t have money, you lose out. Corruption is rife at the Masters of High Court. There are some people who print out letters of authority for a fee, and people are selling houses using that piece of paper.

“Like house No 842 in Letsatsi Street. It was sold with a letter of authority; the very Masters cancelled the letter of authority after we challenged the sale in court. The houses are sold just like that; without an advertisement of the sale in a newspaper,” a fuming Pinky said.

Asked if she doesn’t fear for her safety after the two “accidents” she’s had, a defiant Pinky, said: “For me its do or die. At least people will say I died fighting for them.”

The Sunday Independent

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