The sheriff confiscated the client’s belongings. The owner of the building where she was staying accused her of owing him R4 000 and sent the sheriff, who broke into the house and took all her belongings.
She was arrested but acquitted by the court in Joburg. She tried to get help to get her belongings back but to date she has not had any assistance.The following was done to see if there was any injustice Scorpion consulted with Ignatia Mkhize on 19 January 2017, who said she was sued by the landlord for R3 880,67. Summons was issued years ago on 19 August 2008 and served on 22 September. Summonses were served on the caretaker after the sheriff made many attempts to find the client.
Injustice The client said she never received a summons and only learnt about the judgment on 28 March 2012 when the sheriff attached her property. Judgment was made on 10 October 2008.
Azikhiphi
The client said she reported the matter to the media, the presidential hotline and the Hawks but they could not help her get the attached goods back. The client claims she does not owe the landlord any rent as she was paying regularly and never skipped any month.
She was advised she had 20 days to apply for rescission of judgment from the date of becoming aware of the judgment. Rescission was never done and it’s been years since she became aware there was a judgment against her.Can she strike back legally?
She was advised to apply for condonation for late filing of the application for rescission of judgment. The degree of lateness, which is more than four years, will count against her even if she can prove her defence.
Reporting the matter to the media, the Hawks or the presidential hotline is not a legal step. Her assets may also have been sold in execution of the order. We spoke to the attorneys for the plaintiff who confirmed they are still operating. The rescission papers can therefore be served and the client should get an attorney who is willing to help her. The client was directed to the nearby Legal Aid Board office to see if they could help.