The Gauteng High Court in Johannesburg has ruled in a property case involving the Naidoos and an unlawful occupier, MKholeka Nkombi, whose refusal to vacate the home they purchased from her led to a protracted legal battle.
In a judgment handed down on 30 January 2025, Judge SD Wilson determined that the Naidoos were the rightful owners of the property in Northcliff Extension 20, Johannesburg, and ordered Nkombi, along with others living on the premises, to vacate by 31 March 2025.
The saga began on 3 July 2021, when Kooshen Naidoo and his wife Vanessa purchased the property from the Nkombis for R1.2 million. This deal came in the wake of a court judgment against Nkombi and her husband from 2015, stemming from their mortgage default with Standard Bank. The sale was deemed beneficial for all parties involved at the time, as it prevented a forced sale for a lower price that neither the bank nor the Nkombis could accept.
Upon changing ownership on 9 November 2021, friction arose when the Nkombis failed to vacate the premises. While the second respondent, Nomalanga Shirly Nkombi, had relocated to KwaZulu-Natal, Nkombi chose to remain, dissatisfied with the financial implications of the sale and a lack of funds to facilitate her move. Despite offers from both Standard Bank and the Naidoos to assist with her relocation, she stood her ground, thereby compelling the Naidoos to seek legal eviction on 1 February 2022, a move that sparked legal complications and delays.
From the time of application nearly two years ago, the Naidoos faced mounting pressures. As they were compelled to rent alternative accommodation while still responsible for maintaining their bond, their situation rapidly deteriorated. By March 2023, they were evicted from their rental property and moved back into the Northcliff home, now shared with Nkombi, along with her guests, the Ellies, who had also taken up residence without legal standing.
Judge Wilson affirmed that the validity of the Naidoos' ownership was undeniable and that Nkombi's claims of injustice were unfounded. "The scales of equity tip the other way,” he stated, highlighting the hardship that the Naidoos endured as a consequence of Nkombi's actions.
The court also addressed the circumstances surrounding the Ellies, who were invited to stay by Nkombi. Judge Wilson concluded that they, too, would be evicted as unlawful occupiers, given their association with Nkombi in this matter.
Throughout the proceedings, the theme of homelessness and the implications of eviction were paramount. However, the court maintained that an eviction for Nkombi was justified, particularly as there was no substantive evidence to suggest that she would be rendered homeless by the ruling or that she was coerced into the original sale.
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