In a protracted legal battle, Kholeka Nkombi, a Gauteng woman, has been ordered by the South Gauteng High Court to vacate her former home in Northcliff, Johannesburg.
The ruling comes after her refusal to leave the property for over three years following its sale to new owners, Kooshen Naidoo and Vanessa Lee Naidoo.
The saga began when Nkombi and her co-occupant, Nomalanga Nkombi, fell into arrears on their mortgage bond, leading Standard Bank to acquire an execution judgement in 2015.
Despite the bank's efforts to recoup its losses, it allowed the Nkombis to remain in the house long enough to facilitate a sale to the Naidoos, who purchased the property for R1.2 million. The price was significantly higher than what could be expected through a forced sale, giving both the bank and Nkombis a better financial resolution.
The Naidoos became the registered owners in November 2021. Nomalanga vacated the property and now lives in KwaZulu-Natal.
However, Nkombi, was dissatisfied with the sale agreement. The source of her dissatisfaction was that the purchase price was insufficient to extinguish her indebtedness under the loan agreement and she had no surplus she thought was necessary to help her relocate from the property.
Despite Standard Bank’s offer of R100,000 to assist with relocation and an additional R48,000 from the Naidoos, Nkombi felt wronged by the whole process and refused to leave.
In February 2022, the Naidoos instituted proceedings to evict Nkombi and she defended the application, but she filed an answering affidavit six months late, and this delayed the eviction application, and it was placed on the opposed roll, and it was only heard in January 2025.
Left with no choice, the Naidoos rented a townhouse in Roodepoort while simultaneously paying monthly bond to the Northcliff property.
Ultimately, their financial burden became untenable, and their landlord terminated their lease in March 2023. In April 2023, they were forced to move into the very house from which Nkombi refused to leave.
The situation at present is that the Naidoos occupy the living rooms in the main house with their infant son while their other son, a ten-year-old, was sent to live with a relative.
Meanwhile, Nkombi lives in one of the bedrooms. Two weeks after the Naidoos moved in, living arrangements grew increasingly complicated after Nkombi invited a couple, Warren and Chantal Ellie who moved in with their newborn baby.
The Naidoos said when the Ellies moved in, they introduced themselves as Nkombi’s backup.
Nkombi tried to evict the Naidoos but her application failed in the Magistrates’ Court.
A day before the matter was heard in January 2025, Nkombi's legal representative withdrew from the case and Nkombi tried to withdraw the matter from the roll without the Naidoos consent, but she was unsuccessful.
She represented herself.
Judge Stuart David James Wilson said that what should be noted was that the validity of the sale agreement was not in dispute and the transfer of the property to the Naidoos was not impugned.
"There can accordingly be no doubt that the Naidoos own the property. It is equally clear that Nkombi has neither the Naidoos’ consent to remain at the property nor any other right to hold the property against their will," he said.
Judge Wilson said Nkombi did not argue that she would be left homeless if she were to leave the property, instead, she suggested that she should be permitted to hold on to the property while she pursues her recission application against Standard Bank.
"I cannot see how that could be just and equitable. The rescission application has nothing to do with the Naidoos’ title to the property.
"...The Naidoos have been put through an ordeal they did nothing to incite. They approached Nkombi and contracted with her on terms which strike me as perfectly fair. They did not seek a quick bargain against an unsuspecting homeowner at a forced sale...There was no excuse in law or in equity for Nkombi to have remained behind. The fact that she has remained entrenched at the property for years since the sale agreement was executed compounds the injury,'' added the judge.
Regarding the Ellies, who moved in as Nkombi's backup, the judge said they will meet the same fate as Nkombi because they moved into the property at her invitation after eviction proceedings against her were instituted.
"The Ellies moved onto the property after the eviction application was instituted. They did so, at least in part, to thwart the Naidoos’ attempts to obtain exclusive possession... They have no rights of occupation, if Nkombi is an unlawful occupier, then so are they," explained the judge.
Jugde Wilson ordered Nkombi and her two occupants, the Ellies, to vacate the property before March 31, 2025.
"Failing which the sheriff may evict them, assisted, if necessary, by the South African Police Service or a private security company contracted by the sheriff and acting under the sheriff’s control."
Nkombi was ordered to pay the costs of the application.