Widow’s property rights under threat as eviction delays stall justice in Orange Farm

A widow in Orange Farm, Gauteng, is embroiled in a bitter dispute with her late husband’s son over the occupation of her home, describing the situation as a direct violation of her human rights and property rights. 

The widow’s son wrote to Conviction Expert, expressing the distress his mother is facing. “My mother owns a double-storey house in Orange Farm. She previously won a case against her late husband’s child, and now she wants to sell the house. She has the title deed as proof of ownership,” he stated. 

“She wants the current occupant to vacate the house so she can sell it. It’s her late husband’s son. The High Court ruled that my mother is the rightful owner of the house, but the husband’s son refuses to move out.” 

Property rights and eviction delays 

Documents reviewed by Conviction Expert confirm that the property legally belong to the widow. A letter from her Legal Aid South Africa representative, issued in 2023, stated that a warrant of ejectment had been obtained and forwarded to the Sheriff for enforcement.

However, execution of the eviction order has been delayed due to a backlog of cases requiring the Sheriff’s attention. “We are being told that the Sheriff is struggling to get assistance from the SAPS to accompany him when attending to evictions,” the letter reads. 

“As a result, we are unable to advise you as to how long you will have to wait for the Sheriff to attend to your matter. Be that as it may, we regard our mandate herein as finalised. We have obtained the necessary order and warrant from the court, and it is now up to the Sheriff to further attend to the matter. We are therefore proceeding to close our file herein.” 

The widow was further advised that the Sheriff would contact her once the eviction was scheduled. She was also warned to inform Legal Aid South Africa and the Sheriff if she no longer wished to proceed with the eviction, as failing to do so could result in financial costs. 

The occupying stepson has accused the widow of fraudulently transferring the property to her name, further alleging that his parents were never legally divorced. However, these claims failed to hold up during court proceedings. 

Legal steps to address eviction delays 

A legal expert advises that when the Sheriff delays execution of an eviction order, the following steps can be taken to protect property rights: 

• Ensure all legal requirements have been met, as delays sometimes stem from missing documentation or procedural errors. 
• Understanding the reason behind the delay may help clarify the next steps. 
• If the delay is unreasonable, obtain legal guidance on escalating the matter. 
• A legal petition can compel the Sheriff to act, as courts expect eviction orders to be executed within a reasonable timeframe. 
• If there is resistance from the occupant, requesting police assistance may be necessary.