Mojela Mojela, 75, of Lebung in Ha Abia, has approached the Matala Local Court seeking an order to evict his tenant, Mothobi Motselekaze, 41, saying they can no longer live together peacefully.
Mojela told the court this week that whenever he asked Motselekaze to leave his house, he became aggressive and physically assaulted him. He said he expected Motselekaze to discuss any dissatisfaction with him, considering that he was the one who had given him the house.
He alleged that Motselekaze was pushing him towards a violent confrontation by refusing to leave, despite having been given three months’ notice.
Mojela submitted that he had approached the local chief and the police before seeking the court’s intervention.
He explained that they previously enjoyed a good relationship and that he had even helped Motselekaze look for a site where he could build his own house. He said he was shocked by their recent disagreements.
However, Motselekaze told the court that the dispute arose from disagreements over rubbish collection and disposal.
He said Mojela’s wife, Matlali Mojela, had held a meeting with her son, Sechaba, and the tenants, during which she explained that they (tenants) would be responsible for repairing damaged property, including doors, windows and locks.
Matlali also created a WhatsApp group for communication between the landlord and tenants. She informed them that rent would increase to M720, with an additional M30 for rubbish collection.
Motselekaze said tenants were required to provide bank receipts as proof of rent payment, after which the M30 rubbish fee would be paid to Sechaba. He explained that Sechaba was responsible for receiving reports about tenants’ needs so that he could collect the money for rubbish disposal.
Motselekaze noted that he initially paid the fee but later discovered that Sechaba was collecting the rubbish and dumping it along the road instead of taking it to the designated disposal site.
He raised the issue in the WhatsApp group, warning Sechaba that he would stop paying the M30 if the rubbish was not properly disposed of because dumping it along the road was illegal. He also asked him to inform his parents.
He subsequently engaged one Mathibeli to collect his rubbish using his vehicle, agreeing to pay him for the service. He presented WhatsApp messages showing that he had raised the matter with Sechaba before the court. The messages were admitted as Exhibit A.
Motselekaze said he was surprised when Mojela arrived with their neighbour, Lehlohonolo Makhafa, acting as a mediator, demanding payment for rubbish collection.
He referred Mojela to the WhatsApp messages, explaining that Matlali had separated rent from the rubbish collection fee and that he had made his own arrangements to ensure proper disposal.
He said Mojela responded that what he wanted was for him to leave the house.
Motselekaze further told the court that Detective Woman Police Constable Makhasane had contacted him and asked him to report to the police station, where he explained the dispute.
He maintained that he had continued paying rent and presented receipts as evidence, which were admitted as Exhibit B. He said he expected Mojela to identify the law or regulations he had violated but no such explanation was provided.
Motselekaze added that he had regarded Mojela as a father figure and asked the court for sufficient time to prepare to vacate the property.
In her ruling, Court President Manthuntsi Nts’ala said a property owner did not necessarily need to identify a specific law to ask someone to leave his house.
She emphasised that everyone had the right to enjoy peace in their home, warning that continued disagreements could lead to conflict and possible violations of the law.
The court ordered Motselekaze to vacate Mojela’s house within 30 days and pay M420 in costs incurred by Mojela when opening the case.
