A Joburg woman is in a desperate fight for her family house which she claims Standard Bank sold off for just R100 after the death of her father.
Msolwa Aggry Mathebula, the late father of Thandekile Zazayokwe, died in December 1998 while on duty as a police officer. Prior to his death, Mathebula had a R92 000 mortgage from Standard Bank for his home in Ennerdale, south of Johannesburg.
Zazayokwe told The Star that following her father’s death, her grandmother was appointed the executor of his estate in September 2000.
In March 2014, her grandmother passed away and Zazayokwe started to ask about her father’s home in 2016. However, she required a certificate of appointment as proof that she was the new executor.
A certificate of appointment was issued on June 20, 2018.
“A consultant who was assisting informed me that the insurance kicked in and paid the outstanding amount and that the house did not owe anything and they were waiting for the collection of the title deed,” she said.
Zazayokwe said she requested the title deed and waited with excitement, thinking that finally after 18 years the family will go back to her father’s house.
On June 29, 2018 – to her shock – Zazayokwe received a document titled “Deed of Transfer” which allegedly stated that the house’s purchase price was R100.
The document, seen by The Star, says: “The state, however, receiving its right and finally acknowledging the purchase price to the sum of R100 and that transfer duty was paid on R17 114 40, the purchase price being R100, commission being R295 and arrear rates being R16 719 44.”
Zazayokwe said she returned to the bank the next day and was told the house was sold.
“I asked them to produce the supporting documents on when it was sold, who was informed that the house was sold, and why the rates were still coming under my father’s name if the house was indeed legally sold. They kept telling me that the records were destroyed,” she said.
In a City of Joburg document issued under Mathebula’s name in June 2016, again seen by The Star, the outstanding amount was about R77 000.
“Days later they constantly called me harassing me, requesting me to bring the document and forget about my father’s house because it is no longer in his name,” she said.
Ross Linstrom of Standard Bank said the bank hand-delivered letters to the client informing of the arrears and confirmed that the property had been auctioned.
According to Linstrom, in September 2001 an attorney’s letter was sent on behalf of the bank to Zazayokwe’s grandmother because Mathebula’s account was in arrears. However, no response was received.
“With no other option available, and with all other avenues exhausted, summons was served on November 20, 2000. Following the legal process judgment was received on January 23, 2001 and the attachment order was received on January 29, 2001. At this time the arrears stood at R37 287 21,” he said.
Linstrom said at the court-appointed Sheriff’s auction on February 8, 2001 there were no bids for the property and as a consequence the bank was forced to bring the property into possession. The property was transferred into the bank’s name on April 20, 2001 and it remained occupied, according to him.
“Attempts to sell the property given its condition at the time proved to be unsuccessful,” Linstrom said.
Standard Bank said Mathebula’s property was sold for R48 000 based on a lack of interest and other challenges around the property and the matter was closed in 2005.
“The bank wrote off R133 681 98 on this matter on the basis that there would be no further recovery in this regard,” Linstrom said.
Linstrom added that there was no evidence to support the claim that Zazayokwe was harassed.
“All that I want is to stay in my father’s home with my sister but they refused to give me information,” she said.
The Star