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Victory for family whose home was sold in execution

- Lee-Anne Bruce

Mr Thomas Shabangu has finally received the deed to his family’s home in Daveyton, eight years after it was wrongly sold in execution

In April 2016, Mr Thomas Shabangu approached the Centre for Applied Legal Studies (CALS) for legal advice and assistance. He and his family had owned a renovated RDP house in Daveyton in Ekurhuleni since 2005. Their home was sold in execution by Standard Bank in December 2014, and the new owners had begun eviction proceedings against the Shabangu family. CALS assisted Mr Shabangu to defend the eviction, and apply to the High Court in Pretoria to rescind the sale of the property for failing to comply with the Housing Act and the National Credit Act.

CALS successfully negotiated a settlement agreement with Standard Bank on behalf of Mr Shabangu, which was subsequently made an order of court. Though the new owners of the property initially intended to oppose the rescission application and caused a number of delays, they did not file any papers with the Court. In August 2020, the High Court heard the matter and granted the rescission of the sale. Since then, the team at CALS has been working to have the property re-registered in Mr Shabangu’s name at the Deeds Office.

On 30 March 2023, CALS Director Tshepo Madlingozi and candidate legal practitioner Thuto Gabaphethe were delighted to be able to hand the deed over to Mr Shabangu and his son.

“I am very, very happy and grateful to have this title deed,” said Mr Shabangu. “This means that our home can never be taken away and one day it will pass to my son.”

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