The Land Claims Court in Randburg has ordered landlord and businessman Andries Jacobus Strauss to restore essential services and repairs to August Matshidiso Sebigi’s house.
This was after Sebigi launched an urgent restoration application under section 14 of the Extension of Security of Tenure Act (Esta) to enforce his rights under sections 5 and 6 of the Esta.
He has been forced to live in harsh conditions after Strauss removed the roof, windows and doors of their house in what the court heard was ‘constructive eviction’ from the property in Dennydale AH in Westonaria on the west rand.
Sebigi’s water and electricity supply to his house was also cut off, and a noisy alarm was installed behind the toilet door, forcing them to ask neighbours to use their khazis.
This chaos ensued when Strauss announced plans to convert the house into offices and demanded a hefty R2 800 monthly rent.
Sebigi has lived on the property for 22 years, originally provided by his previous employer. Initially, he was housed in a small, plastic hut. However, after a robbery in 2017, his employer moved him to the main house for safety reasons. When his employer fell ill with cancer, Sebigi took on a caregiving role, even sleeping beside his employer’s bed for a month before the family took him in.
He continued communicating with and maintaining a good relationship with his boss, once buying him a phone after visiting him for updates on the business.
Since the boss left, he has been occupying the main house with his family. However, things took a turn when the property was sold to Strauss, who announced his intention to convert the main house into an office.
Strauss took drastic measures on December 1, in 2023, when cut off their electricity and sealed off their toilet with an alarm-equipped door.
A week later, Strauss’s lawyer announced an eight-day eviction notice to Sebigi. When the deadline passed, Strauss used a TLB to remove the family’s cars, leaving them stranded outside the property for 11 months before the goods were attached by the sheriff.
The court, however, found that Stauss’s actions constituted a breach of ESTA as his removals effectively rendered the home uninhabitable, infringing on Sebigi’s rights. He is responsible for repairing the house.
