PK
Pauline K

1 reviews | Active since Mar 2017

08 Mar 2017, 13:07

breach of contract

<p> </p> <p>On 29 March 2015, my husband passed on in a car accident in the premises of Sibnye Gold Mine on his way to night shift, After I burried him I wrote a letter to the management requesting to buy the house as the process was being held back for the sales of the houses and my husband and I were prepared to buy the house before he passed on. The management approaved my application and I was called to sign lease agreement and offer to purchase, I was paying rent monthly during all this time. Janette Brandt was helping me with the signing of offer to purchase so she asked me how will I pay for the house, I told her that I will pay it in cash when I receive the money from the provident fund, she even wrote on the first page of the contract that I'm awaiting provident fund money. Janette told me that because now I have signed an agreement, I must communicate with Gillian Slater, their attorney were responsible for the purchase. All this times I have been communicating with Gillian she asked me if was still planing to buy the house and I told her that as soon as I get the money I will let her know and make a payment. After some few months I met Simon Mkhize telling me that he was from my house he was going to deliver a notice so he didnt get anyone. I asked him where is it and he told me that I should come to the office to find out. I went to Janette's office first thing Monday morning she told me that my lease has been terminated and should move out unless I have the deposit to pay for the house. Remember that I just lost my husband, the bread winner, where will I get the deposit from because my salary is too little as I'm taking care of my two children, girl(16) boy(7). Janette told me that the union is involved, they are complaining that how am I been allowed to rent the mine house while I'm not working for the mine so I must move out because somebody else wants to use that house unless I have money for the deposit. I told her that I will try to apply for a loan and she said she wants the confirmation in writting. I got a confirmation for the deposit from the bank and I sent it to her. Few days later she sent me an email saying that they have terminated my lease. My lease didnt have duration nor conditions. Later on I got an email of termination of lease agreement from Drienie Croucamp. I sent her an email that I cannot move out as I have agreement with the management. She asked me if I can have a meeting with the manager, Wimpie Nel. She arranged the meeting and in the meeting it was her and the manager. Mr Nel asked me if I had money to pay the house now, I told him no I don't as I'm still waiting for the provident fund money. He told me that they gave me enough time to stay in the house and now it's time for me to vacate the house. I asked him what about the contract that I have signed with the management he said that they have taken the decision, I told him that I'm taking this matter to my lawyer as I'm not happy about their treatment he told me that I must make sure that I move out while taking the matter to my lawyer. My lawyer phoned them and told them to follow the proper proceudure if they want evict me and they must also remember that there is an agreement signed. On 24/08/2016 I sent Gillian Slater an email informing her that I got the money and I want to make a payment. Her respond was that the housing told her not to accept my payment as they have terminated the lease. On 06/09/2016 I received an email from Gillian again asking me to advice when they may receive the payment, I responded that ASAP. I made payment the following day and sent her proof of purchase. A day later I got an email from her saying that she has returned the money under the instruction of the department. I forwarde the email to my lawyer who told me to stop paying the rent as they have returned the money. I told him I was worried because electricity and water is included in that bill but he told there was nothing we can do because I will loose the money that I have to buy the house with on rent. December 2016 I got another notice from them and I forwarde it to my lawyer and he told me to ignore them the only thing I must send to him is court order from them. Early Febrauary I was at work when I get the notification from my security system informing alerting me that my electricity is off, I went home to check the problem to my suprise my power was cut off by the Municipality under the instruction of Mr Nel. while I was suprised I saw the sheriff at the gate with court order, after I received them I phoned my lawyer who told me to bring them in the office ASAP. The following day I took them to his office in and I told him that they have cut the power off. He phoned their attorney who promised my lawyer that they will reinstate the electricity, but they never did. My lawyer app**** for an urgent hearing for them to reinstate the electricity but the magistrate didn't approve stating that my lawyer didn't serve the documents correctly as the person who signed for the documents from the Municipality did not put the company stamp, to my understanding it was not a big deal so I guess the magistrate was bias.</p> <p>My lawyer re-app**** for another hearing to reinstate the electricity, to date I'm still waiting, as I send this email I dont electricity at home my son and I have to ask for warm water and cook from friends. Two weeks ago there was a client at work when we talk and I mentioned my problem she told me that the mine is been selling the houses to resigned people and even to people who are not working for the company, so in my case it's clear that somebody paid bribe for my house hence they want me out.</p>

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