Two students, Njabulo Jele and Siyabonga Gumede, who were locked out of their flat at Bencorrum, 183 Prince Street, Durban, in September this year, were hoping to retrieve their personal belongings at the weekend.
While their landlord is also denied access to the flat, the owner’s agent undertook to meet with them to resolve the dispute.
The agent locked them out and seized their personal belongings without a court order.
Jele and Gumede are unable to take any action to be restored possession of the flat or have access to their books since their identity documents were also seized.
According to the law, a sheriff, as an impartial and independent officer of the court, must uphold the law, not break it.
The power to enforce a law stems from an existing court order that authorises the sheriff to act.
The court order may relate to evicting a tenant or seizing her personal belongings or restoring the tenant possession to the dwelling in the case of a landlord-tenant relationship.
In Ex parte Kaefer Insulation: in Re Kaefer Insulation v Sharneck (1984) 4 All SA 125 (W), the court held that an order granted by a court, “supposing one to be competent, would not confer absolute protection on the deputy sheriff. If he were to unreasonably force an entry into the premises, he would not be protected by the order any more than he would be if he acted unreasonably without the order.”
The Rental Housing Tribunal, the Organisation of Civic Rights and Legal Aid, among other bodies, have registered an increase this year in the number of tenants who were locked out, had basic services unlawfully disconnected and personal items seized.
Unlawful actions against students have also increased.
Balvardha Munsamy Pillay, a deputy sheriff for Chatsworth, locked Jele and Gumede out without a court order.
He claims to be an agent for the owner who apparently resides in Joburg.
Asked to comment about his role in the students’ unlawful lockout, he confirmed with Pretty Gumede, of the Organisation for Civic Rights, that he had changed the lock because the sub-tenants were illegal occupants.
The lockout also barred the principal tenant – with whom the students were contracted and to whom they had paid rentals – access to the flat.
Rani Pillay, from the Durban South Sheriff’s office, called Gumede after Pillay’s discussion with her.
She said that Kumaran Chellakooty was the owner and Pillay had acted on his behalf.
Both the Pillays were not willing to respond to written questions for this article.
Asked to comment about her relationship to Pillay, her connection to the matter and how the Durban South Sheriff’s office was involved, she said that Chellakooty was in charge and provided his telephone number.
If he acted as an agent, then why did Pillay introduce himself as a sheriff to the students and to Gumede of the Organisation for Civic Rights, confirmed that there was no court order and acknowledged that his action was unlawful?
He also claimed that the flat was damaged when he had gained access to it in September, and that there was an outstanding municipal bill.
Pillay was asked to confirm and comment on Gumede’s version of their telephone conversation.
His response on Friday was that Chellakooty was the owner and all queries should be directed to him.
Pillay also failed to meet the students on Saturday at a meeting arranged by him to release their belongings, provided they agreed to settle the municipal bill.
He said that Chellakooty was now involved and he was not concerned about whether the matter had been publicised or that the students had brought legal action against him because he was no longer handling the matter. Unfortunately, Chellakooty could not provide answers either.
When contacted to clarify his role and the relationship with the Pillays, he said that he did not have the time to respond because he was attending his father’s 11-day death ceremony, but would be available the following day.
Attempts to contact Chellakooty the next day proved futile.
Messages were left on his voicemail for him to explain his relationship with Pillay, clarity on ownership and the release of the students’ personal belongings.
The students’ dilemma is that they have a legal lease with the principal tenant and there is no relationship with the owner or the Pillays.
Their predicament is more than the illegal lockout. They are students without their books and identity documents, and remain without a solution.
* Sayed Iqbal Mohamed is the chairman of the Organisation of Civic Rights.
For tenant’s rights’ advice, contact Loshni Naidoo or Pretty Gumede at 031 304 6451.