Dear Portfolio Committee on Human Settlements,

Will you please assist the poor owners of unit 72 Sundown Village, Rubidge Rd, Roodepoort West property that was auctioned by the Managing Agent and CJS Attorneys because of a Default Judgement of February 2011. The owners are both unemployed and have rented out the unit to the tenants to pay the levies. The previous tenant Jenny Fedricks and Wesley Burcket used to pay the levies direct to the Body Corporate Trust Account. Whenever they default they would then pay double levies and rental. The CJS Attorneys would charge the high interests and the levies would escalate very high.

The Body Corporate through CJS Attorneys obtained section 72 Order to Garnish the rental. The tenant was served the Garnish Order and their goods were attached for auction so the tenants left to save their goods. By the time the tenant Jenny Fedricks and Wesley Burcket left in about December 3013 the unit was owing +- R1 900 levies and the interests had gone up to R49 000-00. When the tenant saw that the Sheriffs would remove his goods for auction sale he abandoned the unit.

The unit was then left unoccupied from January 2014 until May 2015. On June 2015 I took occupation of the unit and have been staying at the unit up to date. In July 2015 I paid R5 000-00 to the Body Corporate Trust account hoping that they would stay the auction. In August I paid another R5 000-00 and in September I paid R4 000 to the Body Corporate Trust Account and all this time without any electricity reconnected to the unit. The Managing Agent, CJS Attorneys and the Trustees refused to switch on the electricity to the unit. When I asked why they insisted that they will never switch on the electricity even when I had paid the R14 000-00 that was reflecting in the B/C Trust Account.

The Managing Agent and CJS Attorneys said that I must sign the Garnishee Agreement and the interests was raised to 26.5%. I could not sign the Garnishee Agreement as its terms and conditions were exploitative.From June 2015 until 13 December 2017 I stayed without the electricity with my minor child who is now at grade 9. On 8th December 2017 I reported my story to Georgina Crouth for Independent News. When the Managing Agent realised that I have sent my story to the Independent News, she instructed the trustees to come and switch on the electricity of unit 72 Sundown Village. The electricity was finally switched on on 13th December 2017.

On 8th October 2015 they went to court to obtain the Oder for Sale In Execution for unit 72 Sundown Village. On their pleading they said the owner cannot be traced and there is no other means that they can recover the levies except throgh the Sale In Execution. The Order of R5 749.86 was granted at Roodepoort Migistrate Court. The Managing Agent and CJS Attorneys did not disclose to court that I was paying the levies and R14 000 had already been deposited to the B/C Trust Account prior to 8th October 2015. The levy payments by the previous and current tenants were never reconciled up to date. The misleading statements were submitted to court.

I have been paying the levies consistantly direct to the B/C Trust Account and I'm paying the R3000 rental to the Williams Family. The Managing Agent submitted the statements sworn under Oath that I am not the tenant or owner and have no legal right and there is no verbal or written agreement between me and the owners. She wrote ' the only agreement I have is to stay rent free and only pay the levies water consumption and other charges". The Managing Agent has got 2 agreements signed between me and the owners which were sent to her in August 2015 and September 2015.

The Managing Agent and CJS Attorneys continued to bill the Williams invoice the highly inflated interests and the untaxed legal fees. The Williams account is not standing at R343 000 because of these highly exaggerated legal fees and interests. The normal levies is +-R2000p/m including consumption but the invoice comes every month at more than R7 200p/m.

On 11th May 2018, the Williams property was auctioned and sold for R22 000. On the 10th May 2018 we went to the Roodepport Magistrate Court to apply for the URGENT APPLICATION to stay the auction. We were advised by the Migistrate to come the following day, but on the 11th May 2018, the Magistrate would not gives us the desired order to stay the auction, but said the Williams are creating the URGENCY. So we went to the Sherriffs offices and found out that the unit had been sold.

We then went to the Premiers office to seek intervention. We were advsed to go to Human Setlement. At Human Settlement we were advised to go emediately to High Court and file for an URGENT APPLICATION to stay the Auction Sale. We went to High Court and spoke to the Judge who advised us what to do and also spoke to Adv. Langa from the Group of Advocates in Sandton. The Judge at Johannesburg High Court said the Williams must tell Legal Aid to instruct Adv. Langa who would bring their Case before the High Court.

We submitted all evidences for all discripances, misconducts and maladministrations on the Williams matter for filing the URGENT APPLICATION. Legal Aid would delay all correspondences and communications. We then approached SABC to report and this matter. When SABC spoke to Legal Aid and asked why they were not serving the documents to the parties and getting this matter Set Down at High Court. Legal Aid then served the documents in July 2018. The Williams went on numerous occasions to ask Legal Aid why the matter is not set down at High Court. Legal Aid keeps telling excuses or not responding at all. The Williams then approached the Hawks to open a fraud case against the Managing Agent and CJS Attorneys.The Hawks could not open the case because there is an open High Court Application. The Williams then requested Legal Aid to give the the letter in order to open the fraud case with the SAPS. from 13th February 2019 up to date the Williams have not received the letter to open the Fraud Case with the SAPS as was promised by Legal Aid.

On March 2019, the Managing Agent and CJS Attorneys tried to register the Auction Sale without filing their Answering Affidavits at High Court. We told Legal Aid what the Managing Agent and CJS Attorneys were attempting to do and requested Legal Aid to URGENTLY SET DOWN this matter at High Court. Whenever Legal Aid realises that another insititution is getting involved they do something for a week or two and then the correspondences does off and there is no way forward. The Williams then approached EAAB to seek intervention to stop the Managing Agent and CJS Attorneys from illegally proceeding with the property registration and avoiding filing their Answering Affidavits at High Court.

The Managing Agent is also not willing give the FNB STAMPED BANK STATEMENTS and the Disbursements so that the Williams will prove the valid evidences of the payments that were made at their unit 72 Sundown Village. The Managing Agent must prove the accurate and factually correct figures of what payments were made and the Disbursements that were incurred by the Body Corporate for unit 72 Sundown village.

Your assistance in investigating the discrepances and the misconducts for the Williams case so that the family get the Justice would be highly appreciated. The Managing Agent and Cjs Attorneys have presented to Courts the misleading statements. Your assistance in compelling the Managing Agent to issue the FNB STAMPED BANK STATEMENTS from January 2011 up to date and the Disbursements from January 2011 up to date would be high appreciated. The Managing Agent and CJS Attorneys lied about having another order for R90 000. The request for the Default Judgement for R90 000-00 was dismissed by Magistrate Lawrence in 2014. The Magistrate requested a list such as interests, electricity, water, sewer and legal fees, that was never provided by the Managing Agent and CJS Attorneys because they had already illegally disconnected the electricity to the unit. So CJS Attorneys closed the file and lied that the order for R90 000-00 was also granted on 8th.
October 2015.

Your urgent assistance in this matter would be highly appreciated.

Regards
Tengy Mnguni
070 0294 684