Johannesburg – Advocate Dali Mpofu and his wife, Mpumi, have successfully obtained an eviction order against Mpumi's sister, Nomathamsanqa Vallihu, from their Houghton home.
The Johannesburg High Court ruling, handed down on 29 October by Judge Victor Noko, gives Vallihu until 2 December to vacate the premises, failing which eviction agents will be deployed.
The judgment explicitly states: "In the event that Vallihu and all those who occupy the property under and by the virtue of Vallihu’s occupation fail or refuse to vacate the property on the date so ordered, then a sheriff or his deputy is authorised to enter the property on 2 December 2024 to evict Vallihu and all those who occupy the premises."
The legal battle stems from a long-standing dispute over Vallihu's extended stay at the Mpofu's home. Court documents reveal that Vallihu initially moved in with the couple in 2018 under a temporary accommodation agreement, but her stay far exceeded the initial understanding.
According to Mpumi's sworn statement, the arrangement was for a temporary period of two weeks. However, Vallihu remained, moving into a downstairs guest room after the initial two-week period.
Mpumi detailed a series of escalating conflicts with her sister, culminating in allegations of physical and verbal abuse.
In court papers, Mpumi stated: "After the period of two weeks, it became clear that Nomathamsanqa Vallihu had no intention of vacating the property, as she had undertaken to do. Accordingly, on her own accord, she moved into the downstairs guest room, which forms part of the main house on the property, while my household occupied the remainder of the house and property."
She further described repeated attempts to resolve the situation amicably, but these efforts were unsuccessful.
"As she had overstayed her welcome and had occupied the room on the property for more than the agreed period of two weeks, I requested her to leave in a friendly manner. This request was ignored by her and she simply refused to leave… I have since continuously entered into discussions for us to try to resolve her unlawful occupation of the property, but she simply repeats that she is not willing to leave the property as she does not have any employment at the moment,” her statement reads.
The situation worsened, with Mpumi alleging verbal and emotional abuse directed not only at herself but also at her 20-year-old daughter.
"Although the tension between her and myself calmed down for a little while, she has since again started with her verbal and emotional abuse. This time not only directing her attacks at me, but now also at my 20-year-old daughter who resides with me," Mpumi stated in her affidavit.
She specifically cited instances of Vallihu verbally abusing her daughter, calling her names and refusing to cease despite repeated requests.
"She calls my daughter fat, and shouts and screams at her whenever my daughter refuses to be bullied by her. These actions are opposed to our household values and, despite insisting that she stop such crude actions, she simply ignores my requests," Mpumi added.
Adding further complexity to the situation, Mpumi alleges that Vallihu has refused to utilise her military veterans' benefits, which include access to free accommodation. This refusal, according to Mpumi, contributes to the ongoing conflict and Vallihu's unwillingness to leave the property.
The couple initially approached the Johannesburg High Court in July seeking Vallihu's removal. City Press attempted to contact Vallihu for comment; however, calls and text messages went unanswered. A written enquiry was also sent to the Mpofus, but no response was received before publication.
