A man from the North West was devastated to hear that his ex-wife had held an auction and that, while he was away, her lawyer had purchased their more than R1.5 million home for R1,000. Makgothu Rudolph Mosothoane and Moela Flora Mosothoane, the ex-couple, were divorced in July 2022 after being married in community property.
Their property in Riviera Park North, Mahikeng, was to be auctioned to the highest bidder, with the earnings to be split evenly between the parties, according to a settlement agreement they signed after their divorce that was made by the court.
The property was valued at R1.5 million by the municipality, which Makgothu was able to obtain. He sought a law company and found buyers for the home, who additionally handle conveyancing, to assist with the sale and transfer of the property.
He then informed his ex-wife that he had secured buyers for the property; however, she told him that she was not interested in selling the property.
In March 2023, he was served with a writ of attachment on the property. Sometime in July 2023, he found documents regarding the auction of the property in the front yard of the premises.
The auction was to be held on October 5, 2023.
On the day, Makgothu took leave from work in anticipation of the auction which he thought would be held at the property, but it never happened.
The same day, he went to the office of the sheriff to make enquiries. He was informed that the auction was held at the sheriff’s office and that the property was sold for R1,000 to the highest bidder between the two people who attended the auction.
The property was bought by the attorney representing his ex-wife, who had a power of attorney to act on her behalf.
Makgothu sought relief at the North West High Court in Mafikeng where he wanted the auction to be set aside, he also wanted an order prohibiting his ex-wife from taking transfer of the property into her name.
