TEKWANE NORTH – Accusations of fraud, forgery, trespassing and malicious damage to property are turning a feud over a house ugly.
Ms Engelinah Dibakoane has brought a civil case against Sgt Billa Samon to restore to her what she claims is her RDP house. In February 2013 she obtained a court order to have possession reinstated since Samon and his wife were residing in her house after forcefully removing her and her children from it in 2012, she claims.
A court order in January last year ordered that the house be returned to Dibakoane. The Sheriff evicted Samon and his wife in May 2013, but they retook possession again shortly afterwards. “The community took my stuff and brought it back to my home,” Samon said.
He explains that the house belongs to Mr Joseph Bambo, his wife’s cousin. Bambo moved around a lot and had been known to fall out of touch for months on end but he had entrusted his house to a good friend, Mr James Mahlalela and his wife, Christina who had lived in the house until their own was completed.
The couple moved and when Samon and his wife, Ms Bafikile Madonsela approached Mahlalela to take occupation, he acquiesced since Bambo’s instruction had been for his family members to live there when Mahlalela left.
Ms Christina Mahlalela told Lowvelder that they too had lost touch with Bambo. Samon said they gave Dibakoane three months to leave, and when she refused, they removed all the furniture from the house and piled it on a truck in the yard, belonging to her husband Mr Peter Shai.
The goods and truck are still standing in the yard, which has been fenced. Samon says he has spent R10 000 on erecting the enclosure. Shai claims he has spent R20 000 on maintenance of the house, which he says belongs to Dibakoane.
A document from Mbombela Local Municipality shows this but Samon has laid charges of fraud and forgery against Dibakoane for allegedly faking the document. “How could we fake this? Where would we get the letterhead and stamps?” Shai asked.
Both parties are in possession of files from the Department of Human Settlements stating that Dibakoane was allocated another stand number, and Bambo was allocated the house in question, a four-bedroom home located right next to the main road running through Tekwane North.
Shai said this was because they used to live in another house while theirs was being built.
