MANDLA Mandela has won a legal battle to evict a family that had been occupying his father's house for 18 years.

The ruling was made by Gauteng housing adjudication board adjudicator Linda Skosana yesterday. Mandela was not present at the ruling.

Skosana ruled that though Nelson Mandela's late son Makgatho Mandela had promised to give the house to Pertunia Ngcongolo, this promise could not constitute a transfer of property.

Ngcongolo had testified that she had been living in the house with her husband, Michael, and two sons, Mzivukile, 26, and Madoda, 24, for the past 18 years.

Ngcongolo is unemployed and Michael recently found employment with a construction company in Midrand.

She said Makgatho, who is her uncle, promised to give them the house when he moved into a better house.

But Ngcongolo confirmed that there was no document given to her by Makgatho.

Ngcongolo's uncle Mxolisi Mgudlwa stayed alone in the property before Makgatho approached her to move in.

Ngcongolo broke down as she left the courtroom with her family. All she could say was: "I am disappointed."

Her lawyer, Advocate Wayne van Niekerk, echoed Ngcongolo's sentiments. He could not say whether they would appeal the decision or not.

The house was originally a two-bedroomed house and the Ngcongolos renovated it by adding a garage and two outside rooms.

In a statement, Mandela said: "I am willing to assist the Ngcongolo family to ensure that they do not find themselves in the street.

"Though I have sympathy for the Ngcongolos for wanting to continue to stay in our family house, it was my father's wish that the house be restored to the family and be available to any of his children who may want to occupy it.

" I am relieved that the court had finally settled the dispute," Mandela said.