A small house in Orlando East is at the centre of yet another row over property ownership. The house apparently belonged to former President, Nelson Mandela’s dead son, Makgatho, but has been occupied by Emma Petunia Ngcongolo for the past 19 years.
Now Mandla Mandela, Makgatho’s son, wants the house back because he apparently wants to turn it into a museum. He has won two rounds of his legal battle with Ngcongolo so far regarding his rights to the property.
However, Ngcongolo says that Mandla’s father had promised to give her the property before he died. This is disputed by Mandla whoclaims that the house was left to his father by his grandmother, Evelyn in her will and that he then inherited the house from his father.
The Gauteng Housing Adjudication Board has already ruled in favour of Mandela but Ngcongolo has taken this ruling on appeal. In a minority judgment by the adjudication board she again lost her bid to stay in the house and was ordered to return it to Mandela.
This ruling is now being taken on appeal to the High Court by lawyers acting from Ngcongolo who contend that she needs the accommodation whereas Mandela doesn’t.
Ngcongolo’s lawyer, Louise du Plessis argues that the question the courts will have to address is who really needs this house.
She says that this case is extremely important as it highlights the many problems that surround houses in townships where ownership and occupation are not always as clear-cut as they should be.
Ngcongolo has been living in the house for 19 years with her husband and two sons, who are both unemployed. The adjudication board ruled that there is no proof that the house had been promised to her and, it said, a promise was not an agreement anyway.
Linda Skosana of the adjudication board accused Ngcongolo of hijacking the house and occupying it illegally and apparently told her that she should join the queue of people waiting to be allocated an RDP house in the township.
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