Property purchased from a beneficiary who alive and contactable: Disputed transaction

Where the beneficiary disputes the occupant's claim on the property, this dispute needs to be adjudicated by the housing authority.

Step 1: Initial meeting

The housing authority calls affected parties to a hearing where each party is requested to present his / her case and bring relevant documentation or evidence.

Evidence might include:

• An informal sales agreement or affidavit signed by the buyer and seller

• Proof of payment

• Affidavits provided by neighbours

• Letters from a street committee confirming the sale

The authority should notify participants of the meeting in writing, noting that if invited parties do not attend or request a change in the date / time of the meeting, the housing authority can transfer the property in line with available evidence.

During the meeting, the authority should clearly explain that the purpose of the meeting is to gather information. The housing authority should outline the powers of the housing authority in the property transfer process and explain the requirements for transfer, notably that the housing authority must be satisfied that ownership is uncontested before transferring the property to any party.

In some cases, the disputing parties may reach agreement during this engagement. In this case, the housing authority should document the agreement and ask participants to sign the document.

Step 2: Adjudication

Where no agreement is reached, the disputing parties must appear before an adjudication panel comprised of officials from the housing authority and in some cases the provincial human settlements departments, depending on the level of accreditation in place. This panel will determine who the property should be transferred to.

Parties to the dispute have the right to appeal the outcome of the adjudication process, through an appeals panel to be established by the housing authority.

Step 3: Transfer in line with determination

The housing authority determines the rightful owner of the property and transfers accordingly. Where the new owner is not the occupant, it is not the housing authority's responsibility to evict the occupant. The registered property owner can approach the courts to enforce his or her rights once the property has been transferred.