Gauteng homeowner wins bid to appeal R3.5 million sale of luxury home over R681,000 levy debt

Gauteng homeowner secures appeal against R3.5 million property sale over unpaid levies. A Gauteng homeowner has been granted leave to appeal a High Court order declaring her Tshwane property specially executable after the court found there were reasonable prospects that another court could reach a different conclusion on whether the foreclosure was constitutionally proportionate. The ruling comes after the same court in May,ordered the luxury home in the exclusive Lombardy Estate in Pretoriato be sold at public auction after its owners owed over R681,000 in unpaid levies.

ordered the luxury home in the exclusive Lombardy Estate in Pretoriato be sold at public auction after its owners owed over R681,000 in unpaid levies. At the time, Judge Leicester Rock Adams ruled in favour of Lombardy Home Owners Association (HOA) in a legal battle against homeowners Lillian Mokgalakane Makgolela and her husband, Kingsley Makgolela. The judge declared their 796-square-metre property executable and set a reserve price of R3.5 million for its sale in execution.

Makgolela, who represented herself during the leave to appeal proceedings, argued that the court had committed both factual and legal errors when granting the foreclosure order. Among her complaints were that the court had failed to properly determine the property’s true equity and had incorrectly assessed its market value, resulting in what she described as a disproportionate order. She contended that the value of the property substantially exceeded the court’s assessment and that less intrusive measures were available to enable the homeowners’ association to recover the outstanding levies and related charges without forcing the sale of her primary residence.