06/11/2008 at 11:03 AM
MICHAEL NKALANE
Source: City Vision
RESIDENTS of Guguletu spent last Friday camping at a 93-year-old woman’s house. In huge numbers they showed solidarity against the suspected “eviction” of gogo Nothemba Booysen as a result of what they allege is illegal selling of her house.
According to residents this came after a backyard dweller packed his own belongings claiming to have heard that the “new owner” was coming.
“Soon after that we decided to show solidarity by standing for our neighbour. After we heard that we decided to stay here till that owner arrives,” said emotional Zuziwe Masizana, a street committee member.
City Vision arrived to witness a scene illustrating solidarity reminiscent of the past. Inside house number 101 at NY 99 Booysen, who can barely walk, felt protected.
Addressing the gatherers, anti-eviction campaign activist Mncedisi Twalo said they were there because the South African police and South African courts protect and defend the interests of the wealthy by evicting a 93-year-old woman. “The Western Cape Anti-Eviction Campaign is assisting this family to resist this unjust, illegal and unconstitutional and fraudulent eviction,” he said.
“According to the South African constitution and the Pie Act, the state must provide alternative accommodation for anyone evicted who has nowhere else to go. We will refuse to allow any of our elders to get thrown out onto the streets,” he added.
According to the community that was not be the first time Booysen was to be evicted. They claim she had to spend the whole day of 25 February on the street because of an eviction. “Fortunately for her the community stood by her. She was later moved in on the same day,” attested Twalo.
According to the family this saga stems from the incorrect title deed registration at the Fezeka municipality deeds office.
City Vision can reveal that Booysen’s house was wrongly registered in 1996 under Mnyengeza’s name. In a letter in possession of City Vision titled Rectification transfer: 101 NY 99 Guguletu ERF 4973 part of it reads: “The above mentioned property was incorrectly registered at the deeds office in the name of Mrs Nomarele Mary Mnyengeza in 1996.” It further states that title deed T79750/96 was forwarded to Bornman and Hayward attorneys to do the neccesary work but when the correspondent checked with the deeds office the latter was still registered in the same name.
In another letter from the City of Cape Town to Nonose Mnyengeza dated 15 September 2006 a response to her 20 October 2006 letter, the subject again ERF 4973 101 NY 99 reveals the problem started in 1983 after the death of Mr and Mrs Mayeki.
The dwelling was allocated to Mr Cawe Mayeki and his wife, Mrs Notiti Mimmie Mayeki and his tenancy was terminated on his death on 1 September 1983. The tenancy transfer document reads in part: “The records on file of this dwelling pertaining your enquiry reveals the following information: The above mentioned dwelling was transferred to Mrs Mayeki (born Booysen) and was terminated on her death. The above mentioned dwelling was then incorrectly registered at the deeds office in the name of Nomarele Mary Mnyengeza and the City of Cape Town is in the process of rectifying this error by cancelling the said title deed. The transfer of this tenancy will be dealt with in terms of the council’s policy.”
Now the family claims Nondumiso Mnyengeza is allegedly the one selling their house as it it was registered under her surname.
“This is not the first time she is selling this house. She is taking the advantage of the situation. From the 25th of February we’ve been in and out of court,” claims Deborah Booysen, Nothemba’s nephew.
Relating the sad story Nothemba Booysen said she was in her house when people came shouting “get out now”.
“I asked them where must I go to. I told them I was going nowhere. In no time they started throwing my belongings out. I finally gave up and went out and sat near the gate for almost the whole day. A neighbour offered me a place but I refused. Eventually the community helped me to repack. Life is difficult with its thorny roads,” she said .
Deborah said their feud with their neighbour Nondumiso started in 2006 when she chased them out saying the house was hers. “I then went to Fezeka and was promised the matter would be solved.”
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