Cape Town - TV star Bonnie Mbuli is now taking her housing battle with her real estate agent to the courts.
The Afternoon Express presenter has reported the agent to the Rental Housing Tribunal, and laid a criminal charge of intimidation against the rental agency, which she claims is harassing her.
Mother of one Mbuli, 36, has been in a bitter dispute with Marc Lunau from Houses4Rent, after the landlord of the Mowbray house demanded that her live-in Zimbabwean nanny produce a legal work permit.
The actress has decided to move out in November after sparking allegations of racism, and now claims she was threatened in an email.
“How can I live in a house where I feel threatened? Now I’m not fighting to stay here anymore, I’m fighting because they say I’m in breach of contract but I’m not!” Bonnie told the Daily Voice.
In an email dated 25 September, agent Marc Lunau wrote to Bonnie: “The issue has nothing to do with racism and prejudice. It has everything to do with you/your nanny breaking the laws of this country AND you breaking the lease on top.
“I suggest you retract this story very quickly as this libel/defamation might come back as a boomerang to you in various shapes.”
When Bonnie moved into the house in August, she signed a lease agreement that stipulated that she must provide details of all people occupying the property.
Although she sent Lunau a copy of her nanny’s passport, he insisted that she produce a work permit.
She then applied at Home Affairs for the permit but failed to get the paperwork done in the agreed one-week grace period.
Bonnie said the agent accused her of “harbouring an illegal immigrant” and she vented her anger on Twitter.
She said: “Black people told me that this is a normal occurrence in Cape Town. That if they are viewing apartments they actually take white people with them because otherwise they won’t get the place they want.”
The Western Cape Human Settlements Department have confirmed with the Daily Voice that Bonnie has laid a complaint with the Rental Housing Tribunal.
The department’s Nathan Adriaanse said: “In view of this, we will not be in a position to provide any comment related to this specific matter that may prejudice the administration of justice in relation to the pending proceedings.”
Bonnie also opened a case of intimidation at the Sea Point police station claiming that her rental agency is harassing her.
Police spokesman Captain FC Van Wyk confirmed the case is currently under investigation.
Bonnie is questioning whether it is legal for a landlord to inquire about the residency status of anyone living on his property.
Legal expert with the Commercial Department of Fairbridges Wertheim Becker, Brittany Badham-Thornhill, said in these matters, there is always “freedom of contract”.
“If the Consumer Protection Act applies, then certain protections are afforded to the consumer,” she said.
“According to the Consumer Protection Act, the supplier [the landlord] cannot offer to supply a service on terms that are ‘unfair, unreasonable or unjust’.”
She says in cases like these there are likely to be implications for the tenant who employs the illegal foreigner, in terms of the Immigration Act 13 of 2002, as well as the landlord and/or property owner, who becomes aware of the fact that an illegal foreigner is residing on the property.
The Daily Voice spoke to Lunau who said he’s considering legal action.
“I’m on holiday at the moment but I’m still exploring whether to take legal action against her [for] defamation of character,” said Lunau.
Daily Voice