Chipu Attorney's violating my rights.

My name is Mduduzi Abram Nkosi I.D. Number ***. I was married to Noma Nkosi around year 2002 and eventually filed for a divorced in February 2010 but the divorce was finalised in October 2013. (File Nr. 8474/2010) I moved out of the house (Address 891 Origanum and Clove Drive, Zakariya Park Ext.4 Lenasia) when we started the divorce process due to the toxicity of the environment but I continued to pay for the Bond for 3 years until the divorce was finalised.

During the divorce trial my ex-wife produced a court order from the Family advocate office stating that we had agreed that she would take the house and the Kids, it was disputed and I knew nothing about it. We reached a settlement agreement which stated that we were supposed to sell the property and share 50/50. She requested to buy me out and I decided not to put pressure on her so that our children would have a safe and stable environment, from the year 2015 she continued trying swindle the house through different lawyers but to no avail, I was first contacted by her attorney Mr. Noel Maart *** / ***) of Ennerdale( requesting an appointment), he advised that her client Noma Nkosi who was my ex-wife app**** for a variation order had been offered the sum of R250 000 by FNB to buy me out of the property.

Mr. Maart wanted to get my side of the story regarding the property since the conveyancer’s were putting pressure on him to get my signature so that they would finalise the change of ownership after due processes. I went to see him and he advised that he is going to mediate and we agreed but her client never showed up for 3 (three) consecutive meetings, she told Mr. Maart that she didn’t want to talk to me. Mr. Maart advised that Noma had approached him so that she can get the property free of charge or next to nothing from me. Mr. Maart advised that her client is not willing to take her advice and do the right thing according to the settlement agreement. He further advised that he was of the opinion that Noma was going to dump her and seek the help of other attorney who would be willing to break the law to her favour of going against the court order because he was not willing to be drawn to such.

Noma finally consulted Chipu attorney’s (Lekalakala) and went to court without my knowledge and my lawyers knowledge too. Mr. Ayanda Ngcanga ***, ***) I was expecting such since the file had disappeared at the Department of Justice where I always went to check if what was filed along with my attorney, I eventually brought it to the Senior Clerk’s (Mr Richard Maluleke) attention that I am of the opinion that Norma and her Lawyer’s (Chipu Attorneys) were going to go to court without our knowledge and he assured me that that would never happen. Unfortunately that’s exactly what happened and they only attended the court once without my knowledge only if they did go to court. I was called by Mr Lekalakala (Norma’s Lawyer) on the 5th of June 2020 advising that they had been granted the Court order on the 26 of March 2020 to sell the house without my consent or involvement, I enquired if how did they achieve that without me and my Lawyers knowledge and us going to court.

I couldn’t get a conclusive answer, I then went to his office on Monday the 8th of June 2020 to obtain a copy of the said court order since I couldn’t believe the narrative. Mr Lekalakala was not in the office and they called him. I spoke to him over the phone and explained my reason for coming to the office. He said he didn’t have it yet but he had app**** for it and he advised that he would let me know as soon as he gets it. I then went to the court and requested to check if what was on the file 8474/2010. They checked and advised that it was only the Notice of set down on the file, I asked the clerk to explain in a “Layman’s language” the Notice of Set down and he advised that it’s the application for a court date. I have suspicions that the order is not authentic and valid, the date on the stamp seems to have been tempered with also. It is also dated 10 June 2020 (copy attached) and yet he alleged that he obtained it on the 26th of March 2020 at the eve of hard lockdown due to the pandemic.

I stumbled upon the listing of the property on the internet with the wrong address, ← (copy attached). I suspected that they didn’t want me to be aware that the house was on the market, I brought it to the attention of the agent Mr. Chris Kekana ***). I advised that I am also the co-owner of the property and I was not aware that it was on the market. He promised not to go ahead with the sale until we sort out the issues. Noma also put tenants to the property without consulting me since December 2019.

We were called to a meeting by Chipu attorneys with my representative attorney Ouma ***, November 2020, we were promised that the transaction was going to be fair and above board. The attorney’s requested me to send the statements of the bond account and all the relevant information of which I did the same day. They promised to send me the document stating exactly how much each party was going to get of which I haven’t received it until now.

Their client was insisting that all the funds should go to her and she was not going to barge. On the 13th of August 2021 I was called by Frank of Pule Moepi Attorneys which are the conveyancer’s of Chipu attorneys (+***2) gave me a call advising that he had sent me an Email for Bond cancellation to be signed and sent back to them, I told him that I was still waiting for the letter stating the figures and I will only sign after receiving that letter. He promised to get back to of which he never did like the other Chipu attorneys. I called him twice on the 19th of August and left messages, he was said to be in meetings and Ms Mohlabi who is a receptionist advised that he was going to call me since he gave him the messages. I do not think that he is going to call because their mission is to honour the wish of their client and violate the Settlement Agreement (File Nr. 8474/2010). I hope you will find this to be in order.

Kind regards, Mduduzi Abram Nkosi ***