Answer to a question from a reader

Can we reclaim our late mother's RDP house if it was transferred to someone else in 2006?

The short answer

It may be very difficult, if not impossible, to reclaim the house after such a long time, especially if the municipality awarded it to someone else.

The whole question

Dear Athalie

My mother passed away in 2006 before her RDP house was issued. None of us knew that her house had been issued until recently when we decided to trace her application on the housing subsidy portal. We discovered that the house was given to another family and the proof of residence was transferred to the new owner but the system in Pretoria still has my mother's name. Is it possible to claim my mother's house back for myself and my sister?

The long answer

It may be very difficult, if not impossible, to reclaim the house after such a long time, especially if the municipality awarded it to someone.

Perhaps you should start at the municipality where your mother applied for the house, and find out why they awarded your mother’s house to someone else. They should have sent a “happy letter” to your mother announcing that her house was ready and they should have a copy of it. You should ask them what steps they took to follow up and what steps you can take now. You should take all the documents you have for your mother and write down the date/s when you see the municipality and the response you get from them so that you have a paper trail, or proof, of your efforts to reclaim the house.

Depending on their response, you may want to contact the MEC for Housing in your province and ask them to assist you. The MEC has the power to review decisions about allocation of housing on a case-by-case basis. Below are the phone numbers for government housing assistance in each province:

  • Housing Enquiries Hotline: 0800 146 873

  • Gauteng: 011 355 4000

  • Western Cape: 079 769 1207 (Please Call Me)

  • Eastern Cape: 043 711 9901/2/3

  • KwaZulu Natal: 033 392 6400 or 033 3365300

  • North West: 018 388 5403

  • Limpopo: 015 284 5000

  • Northern Cape: 053 830 9422

  • Free State: 051 405 3883

  • Mpumalanga: 013 766 6087

You could also ask the Women’s Legal Centre for help and advice. It is an NGO that specifically assists women with legal problems. Here are their contact details:

  • Helpdesk Queries: info@wlce.co.za

  • Cape Town office: 021 424 5660

  • Johannesburg office: 011 339 1099

Wishing you the best,
Athalie

Answered on Feb. 24, 2021, 9:45 a.m.

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