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Fight over family home threatens to split family apart

"We will not give up this place without a fight," said Thulani.


Families are constantly embroiled in disputes over the ownership of four-roomed houses in Sgodiphola. The Magwaxa family in Ekupholeni Street are the fourth family in the area to be involved in an ownership squabble.
According to Thateng Kgosane, aunt of Magwaxa’s children, the house belonged to the late Joseph and Jane Magwaxa.

“The house ownership was later transferred to Lungi Magwaxa who passed away recently, leaving behind three children.
“It is unfortunate that Lungi’s half-sister illegally registered the house on her name.
“Lungi’s half sister and the late Lungi have been in and out of the court over the past years,” she said.

She said the family was shocked to receive a letter from the attorney’s office informing them that they should vacate the house by July 15.

A disappointed Thateng Kgosane is worried about the eviction notice sent to the Magwaxa family.

Kgosane said what frustrated the family most was that the house belonged to the Magwaxas and the person evicting them originally wasn’t included in the house permit by the late owner. Grandchild Thulani Magwaxa said they don’t fight her aunt but pleaded that she shouldn’t sell the house. He said this is a family house which belongs to the Magwaxa family and the great-grandchildren.

“Where should we perform family rituals?
“This is the place of our great-grandfather; it shouldn’t be taken away.
“We will not give up this place without a fight,” said Thulani.

Attorney Ditheko Lebethe said the late owner of the house, Jane Magwaxa wrote a will in which the house was bequeathed to her daughter, Nobuntu Jamlana.

He said the validity of the will was contested in the Gauteng High Court and his client won.
“Lungi Magwaxa and my client, Nobantu Jamlani have been in a dispute over ownership of the house for a number of years.
” My client won ownership of the house in question between 2012-2014.
“The eviction letter was directed to Lungi Magwaxa, who died recently.
“As a result, the eviction letter was addressed to anyone who has been appointed as the caretaker of the home,” said Lebethe.


 

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