The North West High Court in Mahikeng has intervened in a contentious property dispute involving a recently executed auction sale of a marital home, declaring the sale invalid and setting a precedent for fairness in divorce settlements.
This ruling comes as a relief to the applicant, after a convoluted legal battle surrounding the sold property located in Riviera Park North, Mahikeng.
The case stems from the divorce of the applicant from his now former wife, with whom he shared the property. Following their marriage dissolution on 20 July 2022, a settlement agreement was reached dictating the property should be sold to the highest bidder, with proceeds to be split equally. However, the first respondent's attorney purchased the property at auction for a mere R1 000 on 5 October 2023, shocking the applicant, who had obtained valuations for the property well over R1.5 million.
In the court's judgment delivered on 26 November 2024, the Judge President RD Hendricks found that the sale was “neither fair nor just.” The applicant expressed to the court that efforts to settle the property’s sale amicably had been rebuffed by the respondent, who seemingly showed a lack of interest in selling until efforts were made to auction the home.
During the hearing on 21 November, the applicant argued that the auction was not conducted lawfully, with the conditions favouring the first respondent in an unethical manner. Despite the defense’s assertions that proper procedures were followed—advertising in local newspapers and filing requisite legal notices—the court ruled that fairness prevailed over procedural compliance.
Judge President Hendricks underscored the immorality involved in the first respondent’s attorney purchasing the property at a fraction of its worth, especially since her own attorney was responsible for the auction.
The ruling prohibits both the first respondent from taking transfer of the property and the Registrar of Deeds from executing that transfer. Moreover, the respondent was ordered to bear the costs incurred in this application.
