North West Man Wins Legal Battle After R1.5m House Auctioned for R1,000

A man from North West, South Africa, has successfully challenged an auction that saw his R1.5 million property sold for just R1,000. The North West High Court in Mahikeng ruled in his favor, canceling the sale and prohibiting his ex-wife from transferring the house into her name.

Makgothu Rudolph Mosothoane and his ex-wife, Moela Flora Mosothoane, divorced in July 2022, after being married in community of property. As part of their settlement agreement, the court mandated that their Riviera Park North, Mahikeng property be sold, with the proceeds split equally.

Makgothu obtained a municipal valuation of R1.5 million and secured potential buyers. However, his ex-wife refused to sell the property. In March 2023, a writ of attachment was issued, and in July, Makgothu discovered auction documents left at the property.

The auction was set for October 5, 2023. Makgothu took leave from work to attend, only to find it had taken place at the sheriff’s office instead of the property. The house was sold for R1,000 to his ex-wife’s attorney, who acted on her behalf.

Makgothu sought relief from the North West High Court to have the auction set aside, arguing the sale was unlawful and unfair. His ex-wife opposed the application, claiming the auction adhered to legal procedures, including newspaper advertisements and public notices.

Judge President Ronald Deon Hendricks highlighted several inconsistencies. He questioned why the ex-wife, who had previously proposed a R700,000 buyout, allowed her attorney to purchase the property for a mere R1,000.

“The ex-husband would have only received R500 from this sale, which is grossly unfair,” Hendricks stated. He noted that despite the ex-wife’s claims of compliance, the circumstances surrounding the sale were inequitable.

The court ruled in favor of Makgothu, canceling the auction and preventing the property’s transfer to the ex-wife. Additionally, the ex-wife was ordered to pay the legal costs of the application.

This judgment underscores the importance of fairness and transparency in the execution of court-ordered agreements, particularly in divorce settlements involving significant assets.

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