Orlando East Property dispute heads to High Court: Aunt vs Nephew over Family Home

Papers have now been filed in the High Court to decide who really owns 3890 Hlakutsa Street, Orlando East — the house at the centre of Gogo Thembi Hlake and Bashimane Hlake’s family dispute. Loxion Express lays out both sides of this Orlando East property dispute, and the community organisation working to protect families like theirs while the courts decide.

Earlier this year, Gogo Thembi Hlake found herself locked out of 3890 Hlakutsa Street, the Orlando East home she says her family has lived in for generations. She lost her furniture and clothes, and for weeks she had nowhere else to stay.

Because the house had already been sold by her nephew, Bashimane Hlake, and the new owners of the property were preparing to move in. Neighbours stepped in with a donated bed and other basics to help her get by.

Gogo Thembi Hlake

A local organisation called Orlando East Residents Property Hijacking, led by Mr. Enoch Ndlovu, helped bring Gogo Thembi back to the Hlakutsa Street property and has supported her ever since — including connecting her with the legal representation that has now taken this Orlando East property dispute to the High Court.

Two very different accounts

Gogo Thembi says the Title Deed to the property was changed and the house sold without her knowledge. She has not claimed that the house should belong to her personally — her position is that 3890 Hlakutsa Street is a family home, and that it should have remained one rather than being sold. She is taking the matter to the High Court to challenge the validity of the Title Deed and she wants the sale of the house reversed.

Bashimane Hlake tells a different story. He says the property belonged solely to his late mother, Sibongile Hlake, (who is a sister to Gogo Thembi) and that he was lawfully appointed executor of her estate through the Master of the High Court, after she died in 2023, unfortunately she didn’t leave a will.

Bashimane denies locking Gogo Thembi out of the house. He says Gogo Thembi was not staying with him at the property: “she was staying with her daughter elsewhere and she only came to Orlando East for medical treatment whenever she had appointments”.

He says he saw no obligation to inform her that he was selling the house, since the estate was legally his mother’s to administer.

Now before the High Court

Papers have now been formally filed in the High Court of South Africa, listing Bashimane Hlake together with the buyers of the property as defendants, alongside the Registrar of Deeds, the MEC for Housing and the Department of Housing.

Bashimane has also shared a copy of the title deed with Loxion Express, which we have seen — but it will be up to the court, not either side, to determine whether that deed is valid, since it is one of the documents at the centre of the case.

Both Gogo Thembi and Bashimane say they are confident the outcome will be in their favour. Until a judgment is handed down, legal ownership of 3890 Hlakutsa Street remains undecided — and it will be the court, not either family member, that settles the matter.

Amos Ketlele

An Organisation Fighting For Families

Orlando East Residents Property Hijacking, led by Enoch Ndlovu, was formed to help Soweto residents who find themselves pushed out of homes they believe belong to their families, often through disputed or unilaterally altered paperwork.

The organisation says it has stopped several evictions and helped numerous vulnerable residents, including elderly people like Gogo Thembi.

“We want anyone who is facing a property challenge to come and speak to us. People need to check regularly that their homes are still registered in their names, because there are people out there hijacking homes, changing title deeds, and selling other people’s houses — and sometimes it’s even family members doing this.

We are working with experienced attorneys, and our goal is to stop these illegal evictions and stop people from selling homes that aren’t theirs to sell.”

— Enoch Ndlovu, Orlando East Residents Property Hijacking

Gogo Thembi’s case is one of several the organisation is currently handling, and Loxion Express will continue to bring readers news about the property disputes Orlando East Residents Property Hijacking is working on, as part of the “This House Is Not For Sale” series.

The organisation says it wants residents to know that help is available if they find themselves facing a similar dispute over a family home.

Loxion Express will follow this Orlando East property dispute as it moves through the High Court, and will publish a further report once judgment is handed down. If you are dealing with a similar property or title deed dispute in Soweto, Orlando East Residents Property Hijacking can be contacted for assistance.

Leave a Reply

Your email address will not be published. Required fields are marked *