Mamelodi Mother Battles to Reclaim Home Sold by Estranged Husband

In a distressing twist of family fortunes, a woman from Mamelodi, South Africa, finds herself embroiled in a legal battle to reclaim her home, which was sold by her estranged husband. Mokoto Nkoane and her children were thrust into uncertainty after the house was fraudulently sold to Rambo Mathabathe, who is now seeking their eviction.

In July 2022, Nkoane's world was upended when Mathabathe informed her that he was the new owner of her house. Astonishingly, the home was part of a joint estate with Masese Nkoane, to whom she was married in community of property, and yet the transaction took place without her knowledge.

Despite her assertions that the sale was fraudulent, the Mamelodi Magistrate Court ruled in favor of Mathabathe, granting an eviction order against Nkoane and her family, including a 12-year-old child. Nkoane, however, stood her ground and did not vacate the property, countering with a plea to the North Gauteng High Court in Pretoria to contest the magistrate's ruling.

The case highlighted not only the disputed property transaction but also the financial distress Nkoane endured after her husband left the family home and took the majority of their furniture. Compounded by a loan she took out for him, which she agonized to pay off until August 2022, the estrangements have left her struggling financially. The plight only worsened when efforts to freeze her husband's accounts fell through as the state attorney from Legal Aid did not appear in court.

As the legal proceedings unfolded, Nkoane's living situation was thrust into jeopardy. Mathabathe, on his part, argued his bond payments for the property and claimed innocence regarding the domestic issues between Nkoane and her husband. He further contended that Nkoane could seek legal recourse to obtain her share of the proceeds from the property's sale.

The oversight of the Magistrate in assessing Nkoane's risk of homelessness drew a sharp rebuke from two High Court judges, Judge Luleka Flatela and Judge Mandlenkosi Motha. Questioning the Magistrate's approach to the evidence, the judgment expressed concern over the disregard for the plight of Nkoane, who faced a dire financial situation as a single parent.

Compelled by this perspective, the High Court has mandated a reassessment of the case. An urgent inquiry has been ordered to revisit the determination of whether Nkoane and her children are at a real risk of becoming homeless due to the eviction.

This case underscores the complex intersections of marital rights, property law, and the dire economic realities faced by many, often highlighting the challenges South African women endure in property disputes. Nkoane's situation is a poignant reminder of the necessity for justice systems to consider the full scope of evidence and the circumstances of those most vulnerable.