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Orphans in dire straits

OUR INHERITANCE: Lucky Tshabalala is fighting to keep his parents' house. Pic. Lucky Nxumalo. 10/06/08. © Sowetan.
OUR INHERITANCE: Lucky Tshabalala is fighting to keep his parents' house. Pic. Lucky Nxumalo. 10/06/08. © Sowetan.

The Tshabalala orphans from Soweto were almost taken for a ride by a woman who wants to evict them from the house she had sold to their parents 10 years ago.

The Tshabalala orphans from Soweto were almost taken for a ride by a woman who wants to evict them from the house she had sold to their parents 10 years ago.

Lucky Tshabalala, the eldest of the orphans, said Kuksie Mahlangu, 67, sold the house to his parents in 1998 for R25000.

According to the sale agreement and an affidavit, Mahlangu agreed to hand over the house as soon as it was paid for.

The full and final amount was paid at Jabulani police station on February 18 1998 and Mahlangu acknowledged receipt of payment in an affidavit.

She also gave Lucky's parents the original copies of the title deed.

But Lucky said that his parents did not transfer the house to their children because they "were not educated".

He said his parents told him where they kept the documents.

His father died in 2002 and his mother followed a year later, leaving him to care for his siblings who are still at school, said Lucky.

His youngest sisters, aged 10 and 13, are the reason he decided to fight to keep the house, Lucky said, with tears in his eyes.

The house is still in Mahlangu's name because Lucky's parents did not understand the law and did not know that they had to transfer it. Lucky said Mahlangu was taking advantage of his late parents' ignorance.

He said acting superintendent Thoko Ndlovu of the Zola municipal office alerted him last week about the impending sale.

"The superintendent was on Mahlangu's side," said Lucky.

Lucky later met the buyer, who introduced himself only as Mkhwanazi, before he offered to get the orphans an RDP house and repay the R25000 that their parents had paid Mahlangu, said Lucky.

He said Mahlangu also pressured him to surrender the house to her.

"She told me that Mkhwanazi had a better offer than the one of my parents. She also said that we would not be left homeless because Mkhwanazi is well connected and would definitely get us an RDP house," Lucky said.

But Lucky said he refused and came to Sowetan for help.

"I find Mkhwanazi's and Mahlangu's greed revolting.

"How can they be so blinded by the love of money that they have no qualms about doing this to people, and orphans nogal?" asked Lucky.

Ndlovu confirmed that Mahlangu was determined to sell the house because it was never transferred.

But she denied that she was siding with Mahlangu and her buyer.

She said it may have sounded like that to Lucky because he did not have proof of the full purchase amount.

Ndlovu conceded that it was unacceptable and tantamount to fraud for Mahlangu to resell a house that she sold a decade ago.

She said it was unacceptable and would be frowned on for the sale to go through a second time.

Kathleen Potie Dlepu, of Molefe-Dlepu Attorneys and Conveyancers, said they had agreed to assist the Tshabalala orphans so as not to lose their parents' house, which is their inheritance.

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