Nedbank has approached the South Gauteng High Court in Johannesburg in an attempt to secure over R365,000from a home loan linked to a property that was demolished due to significant structural defects. from a home loan linked to a property that was demolished due to significant structural defects. The case involves Evodia Tshabalala, a homeowner who purchased a house in the Protea Glen Estate, Soweto, back in July 2012 with financing from Nedbank.
Tshabalala’s journey into financial turmoil began when she fell behind on her monthly payment of R4,970, accumulating more than R99,000 in arrears. Tshabalala’s property was in a new development area, however, shortly after taking occupation, significant structural defects, including cracks in the walls, were discovered. The defects were of such a serious nature that regulatory bodies, including the National Home Builders Registration Council (NHBRC), intervened.
The property was subsequently declared uninhabitable and was demolisheddue to structural failures. The site currently stands vacant, with no structure in existence. The matter was further reported to the office of the Public Protector.
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With her home reduced to rubble and no viable resolution in sight, Tshabalala was forced to vacate the premises. Currently, she is renting alternative accommodation while still liable for her mortgage, leading to significant personal and financial distress. In a pre-hearing discussion with Nedbank, Tshabalala, who did not have legal representation, reached a verbal agreement allowing her four months to rectify the matter. However, acting judgeNteboNkoenyane raised concerns about this timeline, stating that Tshabalala’s predicament could warrant potential claims against third parties, including the property developer and the builder.
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