The men are in a brawl as a consequence of the Dingindoda rental housing area.
Emalahleni Housing Company boss George Xaba has secured a court order for the arrest of businessman Themba Sgudla and his ally Bhuti Mamba for continuing to defame him.
Both Sgudla and Mamba will return to the Tshwane high court sitting in Middelburg on 21 February 2019 to argue before Judge Segopotje Mphahlele why the order should not be made final.
It was secured by Xaba this week after both Sgudla and Mamba violated a 23 October 2018 court order prohibiting them from defaming Xaba and interfering with the lease agreement that the people of Dingindoda have with Xaba.
The high court judgement comes after Sgudla and Mamba convened a community meeting with the Dingindoda tenants on 7 November 2018 and labelled the 23 October court order “irrelevant”, saying they were now proceeding to give the tenants title deeds to own the public homes.
The Dingindoda issue is a subject of court contention between Xaba and Sgudla.
Sgudla says the area belongs to him through a piece of paper called ‘Land Availability Agreement’ he had with the eMalahleni municipality and this paper allows him to sell the public homes “to members of the public” and then pay some of the money to the municipality for the land on which the homes were built.
Formally known as uThingo Park, the Dingindoda rental area in eMalahleni.
But Xaba says the homes were built with government money and the Land Availability Agreement is invalid in that it purports to entitle Sgudla “to profit from the sale of social housing units built with public funds”.
Xaba also says in court papers that the price for which the municipal land is sold is far below the value of the land and in its aspect is a breach of the law governing social housing in South Africa.
Sgudla’s Anchorprops21 Pty Ltd, Demacode, the eMalahleni municipality, human settlement MEC Norah Mahlangu and the Social Housing Regulatory Authority are respondents in the matter being brought by Xaba against the Land Availability Agreement and to be heard on 13 May and 26 August 2019.
On 23 October 2018, both Sgudla and Mamba agreed in court that they would no longer tell the residents that Xaba was “stealing” the Dingindoda money.
But on 7 November 2018 the two returned to Dingindoda for a community meeting and violated the court order.
They told the residents that the relationship between Xaba and the tenants had now been “terminated” by Sgudla’s Anchorprops and were now proceeding with giving the public homes to the tenants for ownership.
The homes were going to be bought on a “instalment sale agreement”, they told the ululating tenants who the following day threw in a big party celebrating the announcement by Sgudla to give them the homes to own.
Again, on 10 November 2018, the two pulled down the uThingo Park signage outside the Dingindoda gate and replaced it with one written ‘Cyril Ramaphosa Family Village’ in a gathering attended by a score of Dingindoda residents who were singing struggle songs.
But a day later Xaba took it down. Days later the residents put the signage up again.
In her judgement, Mphahlele said it was “highly unlikely” that both Sgudla and Mamba didn’t know what they were doing on the 7 November meeting and that their failure to comply with the 23 October court order was “willful”.
“It is declared that the respondents are in contempt of the court order dated 23 October 2018,” the Judge said Tuesday this week.
“The respondents are hereby committed to undergo imprisonment for a period of 30 days. The period of imprisonment imposed on the respondents is suspended for a period of 1 year on condition that the respondents are not found to be in the contempt of the court order of 23 October 2018 within the period of the operation of the suspension,” Mphahlele said.
She had given the two the date of 21 February 2019 to come argue why this should not be made final.
He says most of the R3.7 million that he collects from the public homes is used to “invest back into the property” but the residents say that’s a “sheer lie”.
Emalahleni Housing Company boss George Xaba is not maintaining the Dingindoda rental settlement, the tenants have said.
Now they say they no longer want to see him on the premises because “he misuses our money” and that they allegedly “are forced to live like pigs”.
Since the 013NEWS wrote a series of stories on the Dingindoda issue the tenants have been sending us photos of “the conditions we now live [under] at Uthingo Park and no one can fix it”.
Uthingo Park is the official name of the area – but informally it’s called ‘Dingindoda’ and is located in the eMalahleni suburb of Tasbet Park.
A blocked drain in one of the Uthingo Park units.
Xaba has said that he collects the R3.7 million monthly in order to maintain the area for the benefits of the tenants who live there.
But people who live inside the area said nobody maintains the social housing units – not even cutting the grass.
They have sent photos of what looks like a leaking ceiling, blocked sewage and drain systems.
A blocked sewer overflows just metres from the front door of one of the Uthingo Park units.
In court papers seen by 013NEWS, Xaba said he operates on a “strict budget”.
He says he receives R3.7 million in monthly rent from the 1 300 homes “while [the] expenses are ordinarily R2.7 million per month”.
“We use any surplus that we receive to upgrade and re-invest in the project for the benefits of all the residents,” said Xaba.
An overflowing sewer manhole at Uthingo Park.
Xaba pays himself an amount of R1.3 million each year – actually over R10 million that Xaba, the 7 board members and other staff members pay themselves each year from the R43 million they collect yearly from the housing scheme.
“Xaba doesn’t maintain the area. You can come look at the area yourself,” one tenant, fearing victimisation and speaking on the condition of anonymity, said over the weekend.
“Snakes everywhere. Come see,” she said.
A snake found in one of the houses in Uthingo Park last month (Sept).
Another one, Mandla Mahlangu, wrote a lengthy WhatsApp message to the 013NEWS reporter and said he started staying in Dingindoda from 2013.
He said on 30 August 2018, Xaba kicked him out and told him he was “no longer fit to stay at Uthingo Park as I was not working permanently”.
“I was forced to leave the house while I was [making] up-to-date payments though I was struggling.
“I had to ask a friend just to keep my stuff at Extension 14 in the location until I get another place to stay. My heart is so bleeding for that place because I cant afford even to buy a house now. Initially I was told the place is for rent to buy. I’m sharing this with the hope of maybe I can be helped. I was staying at block 16, 134. Since I was chased out that house is empty as we speak I don’t know maybe they wanted it for their friends,” said Mahlangu.
He is currently rushing to court to wage a ‘defamation’ law suit against the community leaders.
Emalahleni Housing Company boss George Xaba is giving himself a salary of R1.3 million each year excluding bonuses and other personal expenses like medical aid from Dingindoda rentals, this paper can reveal.
Documents seen by the 013NEWS reporter this week show that the government-mandated public company collects over R41 million in rent each year from the vulnerably employed people of Dingindoda in Tasbet Park and this money has been used to buy other properties worth over R61 million to the personal belonging of Xaba and pals serving in the board.
Other than Uthingo Park, informally known as Dingindoda, which is valued at close to R200 million, the eMalahleni Housing Company claims to own flats in Model Park which are worth R18 million, others in Klarinet worth R40 million and guesthouses in the CBD totalling over R3 million.
But documents from the Deed’s Office show the properties are not actually registered under the non-profit company’s name.
Xaba also drives around in a Mercedes-Benz E250 paid for by the tenants and in their financial statements, the board members of the eMalahleni Housing Company list Limelight Properties (Pty) Ltd and Likhaya Community Development NPC as their “subsidiaries” but the information at the Deeds Office still shows that eMalahleni Housing Company owns nothing.
What this could mean is that all these properties are registered in the personal names of Xaba and friends.
Xaba didn’t answer his phone after repeated attempts to contact him this week.
The eMalahleni Housing Company has 8 board members – Xaba who is the chief executive officer, chief financial officer Zanele Shongwe, Desmond Khoza, Hazel Zitha, Nomvula Motloung, Busisiwe Dlamini, Risimati Chauke and Thabo Mokoena and an amount of R10.7 million is used annually in paying them and other staff members.
R1.7 million is used in paying for Xaba and other employees’ medical aids.
The eMalahleni Housing Company is a government-mandated rent collecting agent and was established as a non-profit organisation to collect rent and continue the development of the houses for low income earners in the area but was politically hijacked from the developer and has now been used by Xaba, who is the area’s ex-ANC branch chairman, and pals to live a comfortable lifestyle at the expense of the vulnerably employed tenants.
It was supposedly meant to be rent-to-buy homes but Xaba disputes this and said the homes can’t be rent-to-buy homes “where beneficiaries enjoy ownership”.
“The perception that is being created that the units can be handed over to people for ownership is far from the truth,” Xaba said in a statement.
The public company gives Khoza, who is allegedly deployed by the Law Society, an amount of R131 000 each year to serve on the board while giving chief financial officer Shongwe R555 000.
ZANELE SHONGWE: Chief finanial officer of Emalahleni Housing Company. PICTURE BY EHC.
The Cosatu’s Mokoena earns over R80 000, Dlamini R112 000, Motloung R102 000 and Chauke R175 000.
At the Likhaya Community Development NPC Xaba, Shongwe, Laya Chetty, Chauke, Mokoena, Khoza and Motloung are registered as directors.
The Dingindoda settlement is registered as being valued at close to R200 million.
Xaba is currently in court to fight off allegations that he is enriching himself at the expense of poor people “as defamation and interference aimed at dissuading tenants from paying rent and [trying to] to unseat eMalahleni Housing Company as the lawful housing authority”.
He had called the meeting with the Dingindoda tenants to explain to them the issue of making them pay rent.
EMalahleni housing company boss George Xaba has had a community meeting he called to address fuming Dingindoda residents collapse on Tuesday this week.
Xaba, who has a string of allegations levelled against him, including being accused of using the government rent collecting agent to “enrich himself”, called the heated meeting after rival Themba Sgudla and activist Bhuti Mamba had told the same Dingindoda residents on Thursday a week ago that Xaba was a “bogus man” trying to enrich himself at their expense.
This week Tuesday Xaba tried to stand in front of the angry residents who demand that the area must be “rent-to-buy” homes instead of “renting forever” and explained that it was government who wanted them to rent forever and that the residents “should not listen to other people who tell them to do illegal things”.
He said these were not RDP houses and was prepared to prove through documents that he was not “stealing the money” and was there through the approval of the provincial government.
Xaba said he had already spoken to Premier Refilwe Mtshweni and human settlement MEC Norah Mahlangu as well as ANC regional leader Speedy Mashilo about the people who want the residents to own the homes than rent.
“We are calling this meeting after everything has been said,” the sweating Xaba said while on stage.
“All these things or allegations leveled against us are wrong,” the sweating Xaba said while standing on stage at the Ilanga secondary school hall inside the Dingindoda rental settlement.
Formally known as uThingo Park, the Dingindoda rental area in eMalahleni.
“And what we are going to do as time goes by, we are going to prove it to you that they are all wrong,” Xaba said.
But Xaba then faced a storm when the residents began asking him hard questions. They accused him of only coming to speak to them now that the call for the Dingindoda rental settlement – to be given to tenants for ownership was being made – and that he was opposed to this call because he wanted to benefit from the rent they pay.
One by one the tenants slammed him for “disrespecting” them and being “dishonest” to them, accusing him of collecting rent that he claims is used to maintain the area through the public institution called “eMalahleni Housing Company”.
One of the residents asking questions during George Xaba’s meeting. PIC 013NEWS/MLM.
Xaba is accused of collecting R43 million yearly since 2008 using the non-profit company to enrich himself and not maintaining the dilapidating settlement – at poor working class’ expense – also, of making the people pay higher costs to those generally approved by a social housing authority.
He is also accused of diverting the money to buy guesthouses across the eMahlelani area and “cruelly” kicking out those who are not able to pay rent at the Dingindoda low cost homes, once they have lost employment.
The tenants now will no longer pay rent until 1 January 2019 when developer Sgudla is expected to give them the homes to own and stop “renting forever”.
But Xaba has vowed that those who listened to Sgudla and don’t pay rent will leave him with no choice but to evict them, in terms of the Rental Act of 1997 .
“Uthingo Park is a social housing or affordable rental housing project and not a low cost housing project where beneficiaries enjoy ownership,” Xaba said.
“The perception that is being created that the units can be handed over to people for ownership is far from the truth,” he said.
But while Xaba was on stage, the meeting degenerated into chaos when activist Bhuti Mamba entered the fully packed Dingindoda hall to thunderous applause from the desperate tenants who began booing Xaba and singing ‘Zizojika Izinto’ in welcoming Mamba to the hall.
The Dingindoda issue is described as a symptom of the housing problem in the eMalahleni area.
Mamba took the microphone from the rattled and sweating Xaba and slammed the “abusing of the people of eMalahleni” by those who are from the area.
He said that Sgudla owned the area and there was no way that the people of eMalahleni could be expected to “rent forever” to Xaba while Sgudla wanted to hand over the homes to them for ownership. He said those who were refusing this would face the wrath of the community.
Buthi Mamba. PIC 013NEWS/ZK.
“Comrades, we have been abused for too long,” Mamba said to thunderous applause.
“Here I have documents proving that Sgudla is the owner of the area and has the right to give title deeds to you and nobody else. Anyone who wants these documents (a deed of transfer and a land availability agreement) they are available. Here are the copies. Come take it and also I do not think that this meeting should continue without Sgudla” Mamba said.
“Xaba should not tell us a half-baked story, we want both Sgudla and Xaba here in order for us to get the whole story,” Mamba said to rapturous applause.
Later on, Sgudla told the 013NEWS reporter over the phone that Xaba was actually a “front” and there was actually “a real board behind the bogus board”.
“I’m going to unmask all these people. Watch this space,” he said.
“Step by step. These are corrupt powerful individuals who Xaba works for and who are using Cosatu, the Law Society and a housing regulating body to make themselves filthy rich at the expense of poor and vulnerable working class people. That is why Xaba told those residents that he is reporting this to Refilwe Mtshweni and Speedy Mashilo.
“And that is why thousands of people tomorrow will be marching to the Neuhoff Khoza Attorneys to expose one of the law firm’s directors who is also part of the bogus and corrupt board that Xaba leads and is taking from vulnerable people,” Sgudla said.
On Tuesday afternoon this week, Sgudla told the eMalahleni radio station that some of these “corrupt people” were his co-shareholders at the Highveld Mall and that Xaba was the “last apple” he was going to deal with.
“People must not be nervous. We have the documents that give us the right that people cannot rent forever,” Sgudla said on the local radio station.
“We are protecting them against corrupt individuals, the bogus board led by Mr Xaba and we are here to unmask people and free the community from the corruption of these people,” Sgudla said.
The tenants want to go to war in order to get the homes to be rent-to-buy homes rather than “renting forever”.
EMalahleni Housing Company head George Xaba is being accused of turning people’s plight into a “money-making scheme”.
The residents of Dingindoda in eMalahleni are vowing they will fight Xaba and the eMalahleni housing company until the homes are no longer rental homes but “rent-to-buy homes.”
Dingindoda residents during the meeting
They say initially when the houses were being constructed they were told that they would be low cost rent-to-buy homes but through political and corrupt means the Dingindoda area was turned into “a money-making scheme” by the powerfuls.
The residents now are planning a march to voice out against this and they say they will no longer pay rent to the eMalahleni housing company until 1 January 2019 when the issue of the area being rent-to-buy homes is resolved.
Formally known as uThingo Park, the Dingindoda rental area in eMalahleni.
Another resident told 013NEWS that she has seen a lot of people being kicked out of the government area when they fail to pay rent, especially when they lost their jobs. “It is unfair this thing that is happening here, we are sick and tired of it,” she said.
They say the eMalahleni housing company, a government rent collecting agent, is the company evicting them from their homes and is being led by “cruel people”.
On Thursday last week, both the area’s developer Themba Sgudla and local activist Bhuti Mamba addressed a fully packed hall inside the Dingindoda area and told the residents that when they die their children will suffer because they will be kicked out once nobody was able to pay rent.
They told them that the public company is collecting over R3.7 million every month and all the money goes to Xaba and the other board members “who share it among themselves” and were using a public institution to get filthy rich at the expense of poor working class people.
“For how long are you going to rent in your own area? You are the people of eMalahleni and your are being put in Egypt by people who are not from the eMalahleni area,” Sgudla said to thunderous applause.
He told the residents that the reason nobody wanted the area to be rent-and-buy homes was because of the money that they make from it, making the lives of people earning between R4 000 and R16 000 “a misery”.
He accused the company’s board of being a “self-appointed bogus board” and that there was a real board behind it that exists and were going to war in order to “unmask it”.
“Some criminals want you to rent because it makes them filthy rich at your expense and they do not care whether you lose jobs and no longer able to pay, because they will be able to kick you out of the area just like that and we are here to help you move out of the situation,” he said, adding he was encouraged by President Cyril Ramaphosa’s Thuma Mina call, “that I wanna be there when people start to turn things around” for themselves and for the better.
“I know most of you here no longer work for yourself but for your children,” Sgudla said, “what will then happen to your children if you loose your job or die and not able to pay? They will be kicked out.
“From today please go to the bank and tell them to stop these people from deducting money from your account. That is your account and nobody should take money from it and if we find out that you continue to pay to these people you will regret,” Sgudla told the residents.
Bhuti Mamba (L) and Themba Masofa Sgudla (R).
They say those who will continue to pay rent will get evicted from the area by the other tenants who are also fed up of “renting forever” and was challenging Xaba to come evict those who didn’t pay rent and will see “how people start to turn things around” when they are faced with a difficult situation.
Asked for comment, Xaba said he would call a press briefing and explain everything to journalists.
He said everything that the community were being told was nonsense and is going to provide all documents to journalists as where the money goes.
He added the R 3.7 million that they monthly collect doesn’t go to the government but they as board members of the eMalahleni company use it “to invest back into the area”, maintaining the area.
“I have all the documents to prove how the money is spent. We pay security, we have put tarred roads in the area. We created 50 jobs and we pay salaries, not that we enrich ourselves from the money,” Xaba said, adding that those who wanted the area to be rent-to-buy homes confusing RDPs with CRU (community rental units) and they were given the mandate to collect rent by government in order to maintain the area.
Members of PRET prevented EFF members who were marching to the eMalahleni municipality to submit a memorandum of demands to mayor Linah Malatjie. Choas ensued as the group engaged in running battles with the cops after refusing to disperse.