Mpumalanga woman evicted after owner reclaims RDP despite affidavit showing he sold it to her late parents

Court orders eviction of woman from RDP house after owner reclaims property.

The Mpumalanga High Court in Middleburg has ordered the eviction of a woman who has occupied a Balfour RDP house for years, finding that the registered owner of the property remains its lawful owner despite not living there and that a magistrate had incorrectly ruled otherwise.

Judge Kganki Phahlamohlaka with acting Judge H Fourie concurring, upheld an appeal brought by Phello Petrus Moloi against Puleng Penelope Mokoena and the Dipaleseng Local Municipality.

The dispute centred on an RDP located in Zone 02, Balfour. According to court papers, the property was allocated to Moloi by the Dipaleseng Local Municipality in 2004. However, he did not immediately take occupation of the house and instead allowed Mokoena’s parents to live there under a verbal arrangement.

After the death of her parents, Mokoena remained in occupation of the property and continued living there despite Moloi’s attempts to regain possession.