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Legal Battle Ends in Ruling: Kholeka Nkombi Must Vacate Northcliff Property
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In a lengthy legal dispute, Kholeka Nkombi, a resident of Gauteng, has been ordered by the South Gauteng High Court to vacate her former home in Northcliff, Johannesburg, after refusing to leave for over three years. The property, which had been sold to new owners, Kooshen and Vanessa Lee Naidoo, was at the center of this ongoing saga.
The case dates back to 2015, when Nkombi and her co-occupant, Nomalanga Nkombi, fell behind on their mortgage bond payments. As a result, Standard Bank acquired an execution judgment to recover the outstanding debt. However, despite the bank’s efforts to settle the arrears, it allowed the Nkombis to remain in the house long enough to facilitate a sale to the Naidoos, who purchased the property for R1.2 million—significantly more than what would have been obtained through a forced sale. This arrangement provided both the bank and the Nkombis with a more favorable financial resolution.
The Naidoos became the official owners of the property in November 2021, with Nomalanga vacating the house and relocating to KwaZulu-Natal. However, Kholeka Nkombi disagreed with the sale price, as it was insufficient to cover her outstanding debt under the loan agreement, leaving her without enough funds to move out of the property.
Although Standard Bank offered Nkombi R100,000 to assist with relocation, and the Naidoos added another R48,000, she refused to vacate. This prompted the Naidoos to initiate eviction proceedings in February 2022. Nkombi filed a response, but her affidavit was submitted six months late, delaying the case until it was heard in January 2025.
Meanwhile, the Naidoos faced a growing financial burden. They rented a townhouse in Roodepoort while still paying the mortgage for the Northcliff property. This situation became untenable, and in March 2023, their lease was terminated, forcing them to move into the property from which Nkombi refused to leave. The Naidoos currently reside in the living rooms with their infant son, while their 10-year-old son has been sent to live with relatives.
Nkombi, however, continued to complicate matters by inviting a couple, Warren and Chantal Ellie, to move in with their newborn baby. The Naidoos claim the Ellies introduced themselves as Nkombi’s “backup.” Nkombi attempted to evict the Naidoos, but her application failed in the Magistrates’ Court.
On the eve of the case’s January 2025 hearing, Nkombi’s legal representative withdrew from the case, and she attempted to have the matter removed from the court roll without the Naidoos’ consent. This request was denied, and Nkombi represented herself in court.
Judge Stuart David James Wilson emphasized that the validity of the sale agreement was not disputed, and the Naidoos were the rightful owners of the property. The judge also highlighted that Nkombi had no legal right to remain in the property and had no basis for her continued occupation.
“There can be no doubt that the Naidoos own the property. It is equally clear that Nkombi has neither the Naidoos’ consent to remain at the property nor any other right to hold the property against their will,” said Judge Wilson.
Nkombi’s argument that she should remain in the property while pursuing a rescission application against Standard Bank was dismissed. The judge noted that the rescission application had no bearing on the Naidoos’ ownership of the property, and her prolonged occupation had caused unnecessary hardship.
Judge Wilson also ruled that the Ellies, who had moved into the property after eviction proceedings were initiated, were also unlawful occupiers. The Ellies, like Nkombi, were ordered to vacate the property by March 31, 2025.
Failure to comply with the court’s order would result in the sheriff, with assistance from the South African Police Service or a private security company, evicting them.
Nkombi was also ordered to pay the legal costs of the application.
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