Mpumalanga pensioner turns to high court to stop sale of Mbombela home

A 74-year-old pensioner faces losing his West Acres home of 40 years in Mbombela following a disputed public auction, with the matter set for the Mpumalanga High Court, reports Lowvelder.

Philip Nicholson’s son, Stephen Nicholson, claimed local attorneys backtracked on an undertaking to cancel the auction.

“This situation unfolding now is nothing more than a major scandal where a bank and its legal representatives are actively forcing a pensioner and a municipal-declared indigent from his home,” Stephen said.

Philip lost the property during a public auction held on August 26 by the sheriff of the high court. Seymore, Du Toit and Basson Inc, acting on behalf of Nedbank, initiated legal proceedings after Philip fell behind on bond payments.

“The previous day, August 25, my dad submitted a confirmed offer to purchase from a buyer we found ourselves who offered to purchase his house,” Stephen said.

The buyer deposited the R1.35m offer into an attorney’s trust account. Stephen claimed attorney Melissa Maritz confirmed in writing and verbally via their transfer attorney that the auction would be called off.

However, the auction proceeded, and Nedbank purchased the property for the reserve price of R900 000.

“We dealt with the lawyers in good faith, and this is how they backtracked on their own commitment,” Stephen said.

“They have now not only sold my dad’s house from under him, but he will lose around R375 000 which was supposed to be his retirement equity.”

Stephen added that the sale created an artificial R57 000 shortfall debt, and alleged Nedbank later offered the house to their private buyer for the original offer price.

The urgent interdict application to halt the transaction is scheduled to be heard in the Mpumalanga High Court on Tuesday (September 15).

Because Philip cannot afford a lawyer, he will have to face the court himself. “Due to his frail condition and health, this is going to be very difficult for him,” says Nicholson.

In a letter to Philip, Maritz offered a settlement on condition that the court application be withdrawn. He rejected the offer, stating any settlement must be made an order of the high court.

Responding to queries, Maritz stated: “The matter is pending before the high court, and we do not hold instructions on behalf of Nedbank to respond to your questions considering the pending litigation.”

A Nedbank spokesperson confirmed awareness of the High Court application, stating it would be inappropriate to comment on the merits or litigation strategy.

Nedbank stated attorneys received the offer to purchase shortly before the auction and lacked sufficient time to consider it before the sale. The bank added that current information indicated its attorneys acted within their mandate.

Stephen disputed the timeline, stating written confirmation was received the day before the auction.

On Wednesday (September 9), Philip was served with an eviction notice giving him 30 days to vacate the property. On Friday, September 11, Seymore, Du Toit and Basson Inc filed a notice of intention to oppose the court application.

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