Lease agreement turns ugly

Midrand resident Eddie Nkhumise has accused Pastor Given Pitsi Duba (43), who heads up Face of Yahweh International Family Fellowship, of owing him and many other people loads of rent.

Nkhumise is the landlord of a property on Keeshond Street in Austin View, that Duba is renting for her church. Nkhumise said he has been trying to meet with the pastor to discuss their differences since April, but to no avail.

According to Nkhumise, Duba has allegedly not paid rent for about three months and owes him R75 000. On 18 November, Nkhumise appeared in the Johannesburg High Court after Duba laid a charge against him for cutting the electricity supply to the property, among other things. Nkhumise denied this allegation, stating that he did not cut the electricity supply.

The court ruled that Nkhumise must keep the electricity supply on for Duba, to which Nkhumise said he has no problem doing because he was not the person who had switched it off. Nkhumise is apparently not the only person who has had problems with the pastor.

Another person, who wishes to remain anonymous after allegedly receiving death threats from Duba, also claims that the pastor owes her R500 000 in unpaid rent and charges.This complainant claimed that Duba rented a stand from her on Norfolk Road in Carlswald through Harcourts Midrand. Duba allegedly entered into a lease agreement using the names Peniel Youth and Orphan Shelter, which her then-boyfriend Bandile Mazibuko signed.

“After a few months they stopped paying and when we contacted Duba she threatened to shoot us if we tried to enter the property and, furthermore, built an illegal guard house at the gate,” she alleged.

“Besides the unpaid rental for a number of years, they haven’t paid Eskom for electricity consumption, every time Eskom disconnected the electricity they reconnected it illegally.” Nkhumise said Dipula Properties had, in the past, evicted Duba but Dipula refused to comment on the matter.

William Kaipa, who claims to be Duba’s former landlord, said the pastor had been renting a property at Eton Close Villas in Vorna Valley, Midrand for ‘an orphanage’ from July to November last year. Kaipa alleged she never paid her electricity and water bills.

Duba countered that the matter is sub judice and she does not want to comment, but revealed that she suspects Nkhumise has some sort of personal vendetta against her. Nkhubise claims Duba’s church has been evicted six times in the Midrand area and whenever she moves to a different venue she operates under a different name, including Face of Yahweh Family International Fellowship, Mokoena Trading and Services, Peniel Youth and Orphan Shelter.

Nkhumise said he is mostly angered by the fact that he can no longer pay his own bills because the church does not want to pay their rent and has even started building a structure on his property against his will. He has opened a civil case against Duba. “She wants to use my land for free and this is my only source of income,” Nkhumise concluded.

The following is from Section 156 (2) and (5) of the Constitution [and] provides that a municipality may make and administer bylaws for the effective administration of the matters which it has the right to administer, and to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions.

“… The City of Johannesburg seeks to identify, control and manage dilapidated and problem properties within its area of jurisdiction to ensure that such properties comply with the relevant legislation by formulating a coordinated and integrated strategic plan, processes and procedures which address the current challenges faced within the inner city and beyond.

“The authorised official may, subject to the provisions of this clause, declare a property or a building or any part thereof a Problem Property.”

If the preceding claims are found to be true, here are some that could be relevant:

• Rates and taxes have not been paid for any 3 (three) months during any period of 12 (twelve) months
• Water and electricity have not been paid for any 3 (three) months during any period of 12 (twelve) months
• Does not comply with existing legislation and/or is not maintained in accordance with the health, fire safety and town planning and building control bylaws
• Has [an] overloaded or illegally connected electricity supply
• Has [an] illegal connected water supply
• Has no electricity supply
• Has no water supply
• Is occupied illegally
• Where refuse, waste material, rubble, scrap or any similar material is accumulated, dumped, stored or deposited, unless so stored in terms of a valid approval by the local authority
• Is partially completed
• Is structurally unsound
• Is a threat or danger to the safety of the occupiers, registered owners, responsible person or the public in general.

Tweet us @MidrandReporter