Scores of people who claim they had unfairly lost their homes to the banks gathered at the Johannesburg High Court to attend the long awaited R60 billion class action.
Image: Timothy Bernard / Independent Newspapers
While the R60 billion class action lawsuit against the country’s major banks over alleged unfair home repossessions has been stalled, a Durban pensioner, who said he is among those affected, vowed that the fight is not over for those “seeking justice”.
The Gauteng High Court, Johannesburg was set to hear the matter this week however it was found that Douglas Shaw, who is acting for the dispossessed home owners, did not have Fidelity Fund Certificate (FFC).
The certificate is a mandatory annual license for legal practitioners (attorneys, certain advocates) and property practitioners in South Africa, confirming they are authorised to operate a trust account and handle client funds.
As a result the court requested that the Legal Practice Council conduct an investigation into the matter and to report back to her before the proceedings resume on March 26 on interlocutory matters regarding the case.
Durban pensioner Shabeer Khan, who lost his home allegedly at the hands of the banks, in a message to his fellow applicants on Thursday made it clear that this battle is not over. “We have demonstrated resilience and strength under pressure”.
In the emotional message, Khan added: “When our counsel was put under pressure, something powerful happened: the people stood strong. The unity and presence of those supporting this action were felt in that courtroom. It was clear that this matter is bigger than individuals — it represents many families, many homes, and many voices seeking justice”.
Khan said all he wants is justice for himself and the people. “My house was repossessed in 2019 and the banks sold it for a song. My house was worth about a million and they sold it for R300, 000. They then sent me a letter saying that I owed them another R350 000. I feel that this has been a great injustice to me”. Khan said he was on the streets as a result.
According to Khan, all this led to him being blacklisted and unable to obtain a job. “I am so disappointed about what happened this week, but I know justice will be done”.
Khan said he still believed in Shaw. “He worked hard for years. He has spent thousands of hours on our case. He's a good man”.
Lungelo Lethu Human Rights Foundation, which was set up to protect homeowners who face eviction, initiated this case more than eight years ago.
Its president, Nkululeko Xhelithole, said they are supporting Shaw all the way. “We will not stop supporting him. He is one of the few lawyers who was willing to help us. Scores of people have been affected by evictions”. Xhelithole said it must be made clear that they will not allow the banks to derail their case.
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