JOHANNESBURG – Gcina Mkhize, the beloved actress known for her role as Jola in the popular television series Isibaya, finds herself in a bitter legal battle for her Glenvista home, a situation she attributes to a betrayal by her former attorney.
Mkhize, a single mother of four, purchased the property with her ex-husband in 2015. The couple divorced in 2018, with the divorce decree stipulating that both parties would contribute equally to the bond repayment. However, Mkhize's ex-husband defaulted on his payments, leaving her struggling to manage the financial burden alone.
"My ex-husband moved on with his life and left me with my four kids. I was a single parent, and all the bills were on me, and I had one source of income," Mkhize explained to Sunday World.
The situation worsened in 2021 when Mkhize lost her sole source of income due to the cancellation of Isibaya. This financial strain led to the bank initiating the sale of the property.
"After some time, I received summonses from court, and that was when I tried to contact some guy, but his wife told me he had died during the Covid-19 pandemic. I was then referred to an attorney, Pertunia Macingwane, who deals with repossessed house cases. I met her, and we started the process early in the year 2023, but after some time, I received summonses and a judgment from the high court," Mkhize recounted.
"She told me not to worry; she would stop the auction in court. She came to me on September 28 in the evening to give me a notice to defend to sign, saying she wanted to go to court on October 2 to stop the auction."
Mkhize stated that Macingwane later informed her that the auction had been cancelled. However, a few days later, she received a message from an unknown man claiming to have purchased her home at the auction.
"He then showed me proof that the house was in his name. I later questioned Macingwane as to what happened. I then asked her to give me the physical document that she supposedly filed to stop the auction. But to date, she has never produced those documents. My mistake was to trust my attorney with everything and not do my own follow up," Mkhize said.
Macingwane later proposed to buy the house and rent it back to Mkhize for R12 800 a month. Mkhize refused to sign the lease agreement, sensing something amiss.
The situation escalated when the new owner, accompanied by two men, entered the property while Mkhize and her daughters were present. He cut off the water supply, forcing Mkhize to seek help from Operation Dudula, a community group known for its anti-immigrant stance.
"After some time, the man entered the house while I was with my two daughters, and my sons were not present. When he noticed we were ignoring him, he closed the water supply, cut the padlock, and entered the yard," Mkhize said.
Operation Dudula members intervened, forcing the man to restore the water supply. However, the situation worsened when the man returned with more men, forcibly entered the property, and held a braai. Mkhize was forced to call both Operation Dudula and the SAPS to defuse the situation.
"Afterwards, the man came with other men to the house and kicked the gate open and entered the yard. They then had a braai there. They later threatened me. I then called Operation Dudula, and the SAPS, who came and defused the situation," she said.
On July 17, the man returned and informed Mkhize that his brothers-in-law would be moving into the house. He refused to pay rent, claiming he had purchased the property.
"The two men are currently occupying the house with us. He has been demolishing so many things at the house but I will not move out of that house because I had no intentions to move out and I believe my attorney was the one who failed me," Mkhize said.
"This man refuses to apply for an eviction order because he knows there is a process that needs to be followed before he can kick me out of my house. Once the sheriff serves me with an eviction order I have 14 days to oppose it and will oppose it," she stated.
Mkhize's story highlights the vulnerability of individuals facing legal battles, particularly when dealing with complex property issues. Her accusations of betrayal by her attorney raise serious questions about the integrity of the legal profession and the importance of seeking independent legal advice.
