Infrastructure

Question by: 
Hon Brett Herron
Answered by: 
Hon Tertuis Simmers
Question Number: 
9
Question Body: 

With reference to a housing transfer (erf 318, Delft, City of Cape Town) that took place in 2013 between the Western Cape Government and a certain person whose name has been furnished to his Department for the purpose of his reply:

  1. Whether his Department can confirm that a subsidised housing unit allocated to the original beneficiary, whose name has been furnished to his Department for the purpose of his reply, was transferred to another beneficiary in 2013 while the original beneficiary was still alive and a qualifying beneficiary; if so, (a) on what basis was the transfer approved and (b) what processes were followed to verify the occupancy and beneficiary status prior to the transfer;
  2. whether the original beneficiary was informed of or consented to the transfer prior to its approval; if not, why not; if so, on what date was such notification given;
  3. whether the transfer was registered in the Deeds Office; if so, what are the relevant details;
  4. whether his Department was aware that the original beneficiary claimed to be the beneficiary of the subsidised house until his passing away in 2017; if so, (a) what steps were taken to engage the heirs and (b) what is the status of the heirs’ claim to the subsidised house;
  5. whether the Department intends to review the 2013 transfer; if not, why not; if so, what are the relevant details;
  6. how many other disputed transfers is his Department currently (a) aware of or (b) dealing with?
Answer Body: 
  1. On 10 January 1990, the erstwhile Department of Housing entered into agreement in respect of Erf 318 Delft with Mr Willem George Albertus van Wiese who, at the time, was married in community of property to Sara Van Wiese. Although the van Wiese family initially occupied the property since 1990, the property was not transferred into their name. Mr and Mrs can Wiese became estranged from one another and on 22 September 1995 the Cape High Court issued a final order of divorce, and their marriage was finally dissolved, and Mr van Wiese vacated the property.

In a sworn statement, Ms Priscilla van der Vent affirmed that Ms van Wiese rented the house to her, the daughter of a close friend, with no formal lease agreement in place. Over the years, the Department received no payments from the van Wiese’s resulting in the debt to escalate. Ms van der Vent was still occupying the property up to the time when Ms van Wiese passed away on 22 December 1997.

(a)(b) See response under (4) below.

  1. On 12 November 2012, the Department had given Mr van Wiese the opportunity to discuss the cancellation of the Sale Agreement and possible remedial action. Mr van Wiese failed to contact the Department, and it was taken that Mr van Wiese was not interested to fulfil his obligation in terms of the Agreement. The Department, in the same letter, informed Ms van Wiese that the Department as legal owner has taken possession of the property and would proceed with the further disposal of Erf 318 Delft.
  2. The Deeds Office records reflect that Erf 318, Delft was registered on 28 May 2013 in favour of Ms Priscilla Van Der Vent, ID Number 840813 1099 084, with the property having been transferred from the Provincial Government of the Western Cape to Ms Van Der Vent.
  3. (a)(b) On 25 March 1999 and again on 15 March 2000, Attorneys Dowing E Engelbrecht who were appointed to wind up the estate of the Late Ms van Wiese wrote to the Department and advised the Department that it appeared that the estate currently owed the Department an amount greater than the value of the property and requested that the Department cancel the Deed of Sale and to sell the property. On 13 December 2012, the Department appointed the Swart Commission to investigate and cancel the loan and sale agreements between the Western Cape Government and 37 Debtors, and to sell those properties to the current occupants. Erf 318 Delft was one of the 37 cases.
  4. No. Based on the outcome of the Swarts Commission’s investigation, the property was offered to Ms van der Vent for sale. Following the aforementioned investigation, Ms van der Vent was still occupying Erf 318 Delft. Subsequently, on 28 May 2013 the Department entered a Deed of Sale with Ms van der Vent. Flowing from the Deed of Sale, Erf 318 Delft was subsequently registered on 28 May 2013 in the Deeds Office Cape Town and transferred into the name of Priscilla Van Der Vent.
  5. This remains an open-ended matter which can only be addressed once a comprehensive survey has been conducted.
Date: 
Friday, April 17, 2026
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