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Soweto Woman Reclaims Home After 20-Year Legal Battle with Standard Bank

Published

3 months ago

May 28, 2025

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Sourced: Engelsman Magabane Incorporation

For Mogudi Batsile Mosai, the fight to save her family home was never just about property—it was about justice, dignity, and reclaiming what was wrongfully taken.

After more than two decades in court, Mosai, a woman from Soweto, has finally regained legal ownership of her home. The property, which she and her late husband Meshack Mosai occupied for 23 years, was auctioned off unlawfully by Standard Bank in the 1990s for the shocking sum of just R200—and was bought by the bank itself.

“We never signed anything. We were never served. We just kept living there,” Mosai told the court.

A Fight Against Financial and Legal Injustice

The trouble began in the early 90s when Meshack mortgaged the house to fund a business venture. But when the business failed and repayments fell behind, Standard Bank obtained a default judgment—without ever serving court papers to the Mosais. The bank then quietly sold the property in a process that, according to Johannesburg High Court’s Acting Judge S van Nieuwenhuizen, involved a “paltry” and “unhealthy” sale for R200—an amount that would barely cover a utility bill.

What made things worse was that Mosai never signed any of the mortgage documents, even though she was legally required to under South Africa’s Matrimonial Property Act, since she and Meshack were married in community of property.

A Life Upended by Bureaucracy

Despite the auction, Mosai and her family remained unaware of the sale for years. In fact, the couple improved the home, spent over R100,000 on renovations, and continued to pay rent under the belief that the house still legally belonged to them.

When a new buyer purchased the home in 2007 for R50,000, the Mosais were served with an eviction order—again without Mosai’s knowledge. That marked the beginning of a complicated, costly legal battle that outlasted Meshack, who died in 2013 from kidney failure.

Mosai, once a postgraduate student in chemistry, found herself using her academic skills to understand legal documents and court procedures after lawyers and public institutions failed to help. Even the Public Protector and Constitutional Court didn’t respond to her cries for help. She was never referred to Legal Aid, nor could she afford long-term private representation.

The Turning Point

Now a PhD student and the main breadwinner in a household that includes her children, grandchild, and unemployed son, Mosai persevered.

In 2025, the Johannesburg High Court ruled in her favour, stating that the property must be returned to her and included in her late husband’s estate—legally restoring her family’s right to the home. The judge acknowledged the bank’s failure to follow legal due process and upheld Mosai’s claims of unlawful sale and eviction.

A Story of Persistence

Mosai’s story is a stark reminder of how financial institutions can overlook the human cost of bureaucracy—and how determined individuals can reclaim justice, even when the odds are stacked against them.

Her victory sets a powerful precedent for South African homeowners who may have been affected by questionable repossession practices in the past.