Angie Motshekga's son in fight over lavish property
Basic Education Minister Angie Motshekga's son Kabelo is embroiled in a bitter legal battle with a Joburg woman over the sale of a repossessed property worth millions of rands.
The battle for the property between Kabelo and previous owner Danica Agliotti has degenerated so much that he has alleged that Agliotti tried to evict him illegally from his house, using fake police officers.
All these details are contained in an affidavit filed at the South Gauteng High Court this week in which Kabelo sought an interdict to stop the registrar of deeds from registering Agliotti's house back into her name after he bought the property at an auction in December last year.
According to court papers seen by Sunday World, Agliotti's house was repossessed last year after she missed her monthly repayments for three months and put her account in arrears.
As a result, Absa obtained a sale in execution order to authorise the sheriff of the court to sell the house by auction in November 2017.
At this auction Motshekga, 26, through his business, Mukoni Properties, snatched the property and immediately took occupation.
However, according to the documents, Agliotti, the owner of a luxurious 5-star guesthouse called Luna Serena in Sandton, did not take kindly to losing the house. According to the papers, she raised money through an unknown person and cleared the arrears on the house in March.
After making payments, the lawyers who were tasked with registering the property into Motshekga's company name decided to halt the process allegedly on the instruction of Absa, which stated that it reinstated Agliotti's bond on the property because she cleared all arrears on her accounts.
Motshekga confirmed that he filed papers in court to interdict Agliotti from claiming the house back from him.
He said he had to sell three of his cars to raise funds to pay lawyers to represent him on the matter. Motshekga said he bought the Bryanston, Joburg north, property for R1.9-million at an auction.
However, he said ever since taking occupation of the house, Agliotti has been harassing him with fake police officers trying to evict him from the house illegally.
"I have asked the court to stop the registration of the property back to Danica's name because it is now mine. We complied with every requirement when we acquired the property, but still she kept showing up at the house with fake police officers to try to kick me out," he said.
Motshekga revealed that when he bought the property he found it stripped with no electric cables and plumbing.
"I had to reinstall those things before I moved in in December. I also hired an architect and civil engineer to assist with the rezoning of the house and paid them," he said.
The property developer, whose father, Mathole Motshekga, is the chair of parliament's justice and constitutional development committee, revealed that he had secured a buyer for the house for R5.2-million.
"That's what I stand to lose if Danica is allowed to take back the house from me," he said.
In the papers, Motshekga said the sale of the repossessed property was legally effected at an auction and they performed all their obligations under the conditions of sale, including the costs, charges and the sheriff's commission.
He said law firm Smit Sewgoolam Inc, a law firm appointed by Absa to transfer the house to Motshekga's name, notified them that transfer documents were lodged with the registrar of deeds.
However, he said the conveyancers later told them that Agliotti had made payment and "consequently she had reinstated her mortgage loan agreement...".
In their arguments, Motshekga's lawyers, Bruma Simao Attorneys, argued that Agliotti's payment of arrears after the sale of the property through an auction did not automatically cancel Motshekga's possession of the house as there was no cancellation of the execution order and the sheriff was also not notified of the changes to the sale.
Cliffe Decker Hofmeyer, who were representing Agliotti in the matter, told Sunday World that they withdrew from the matter after they learnt about the conflict of interest.
"Smit Sewgoolam Inc misrepresented Danica Agliotti and Danica's house purchaser and as a result they have suffered a financial loss," said attorney Muhammad Gattoo.
He said Agliotti would not get the house back, saying what happened at the auction meant the deal was "done and dusted".