A man from North West was left shocked when he discovered that his ex-wife had orchestrated an auction of their R1.5 million home, which was sold for only R1,000 to her attorney in his absence.
Makgothu Rudolph Mosothoane and Moela Flora Mosothoane were married in community of property but divorced in July 2022. As part of their divorce settlement, it was agreed that their house in Riviera Park North, Mahikeng, would be sold, and the proceeds divided equally between them. Makgothu obtained a municipal valuation of the property at R1.5 million and found potential buyers. He contacted an attorney firm to assist with the sale and transfer of the property.
Despite informing his ex-wife of the potential sale, she expressed disinterest in selling. In March 2023, Makgothu was served with a writ of attachment. In July 2023, he discovered documents in his yard regarding the planned auction, which was set for October 5, 2023. On the day of the auction, he took time off work, expecting it to be held at the property, but nothing happened. When he contacted the sheriff’s office, he learned that the auction had taken place at the office and the house had been sold for a mere R1,000 to his ex-wife’s attorney.
Makgothu then sought relief at the North West High Court in Mafikeng, requesting that the auction be overturned and that his ex-wife be prohibited from taking ownership of the property. The ex-wife, through her attorney, opposed the application, arguing that the auction had been conducted legally. She claimed that the auction was properly advertised in the local newspaper, Mahikeng Mail, and that the sale had been announced with all the necessary notices.
Judge Ronald Deon Hendricks presided over the case and noted that there was a history between the couple regarding the sale of the property. The ex-wife had previously proposed to buy out her ex-husband for R700,000, but after no response, she suggested auctioning the property. The judge pointed out that while the ex-wife knew the terms of the settlement agreement, which entailed both parties benefiting equally from the sale proceeds, her actions raised serious concerns. The house was ultimately bought for R1,000 by her attorney, leaving Makgothu with only a small portion of the expected share.
Judge Hendricks ruled that the sale was unfair, canceling the transaction and prohibiting the ex-wife from registering the property in her name. She was also ordered to pay the costs of the application.
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