Latest news with #Malawian
IOL News
2 days ago
- Business
- IOL News
Malawian man accuses Nedbank of reckless lending as court rules bank can repossess Sunninghill home due R2. 6 million debt
A Malawian man who has been unable to meet his bond payments has accused Nedbank of reckless lending after owing over R2.6 million. Image: Tracey Adams/Independent Newspapers A Malawian man who has been unable to meet his monthly bond payments has accused Nedbank of reckless lending after owing over R2.6 million on his home loan. Bonface Tintin Ndawala, an accountant and a CEO of a mobile company in his home country, bought his home in Sunninghill, Johannesburg in October 2011. He purchased his home with a bank loan of R2.4 million. Initially, Ndawala was responsible for paying R27,559.62 each month, but his last payment was made in August 2021, amounting to R20,221.14. The failure to maintain payment resulted in arrears exceeding R977,000. In court, Ndawala represented himself after his attorney withdrew a few hours before the hearing. He told the court that he holds 5,400 shares valued at R1,000 each in Midveldt Investments (Pty) Ltd, which he claimed could be sold to alleviate his financial burden. However, Nedbank said Ndawala failed to attach an evaluation certificate from an actuary or other accountant to confirm the value of those shares. This argument was accepted by Acting Judge JL Bhengu who said given the fact that Ndawala's indebtedness spans from 2021, he should have at least taken steps to sell his shares to cover his debts, if indeed the shares are worth that much. "It is unreasonable for Mr Ndawala to expect the creditor to undertake the exercise of verifying the existence of the shares when he cannot do it himself, despite such information falling within his personal knowledge," said the judge. Moreover, Ndawala explained that as a CEO, he was in the process of finalising an agreement with a potential investor where he could raise over R200 million and this would have allowed him to pay the arrears in one go. He complained that because he was not legally represented, he was unable to bring proof of the contract and license of the business that he was referring to. Dissatisfied with his explanation, the judge said Ndawala's complaints had no merit because he was always legally represented throughout the proceedings up until a few hours before the hearing. His other defence was that the bank's interest charges were exorbitant, and the bank failed to assess his financial position at the time of granting the loan, amounting to reckless lending. This argument was also thwarted by the judge due to the fact that at the time he applied for the bond, he was employed by Cell C and earned over R200,000. "There is no explanation from Mr Ndawala why he agreed to these terms of the loan, only to challenge them almost 13 years later when he is having financial difficulties. It is trite that contracting parties cannot escape the enforcement of contractual terms on the basis that enforcement would be disproportionate or unfair in the circumstances," said the judge. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Upon reviewing the evidence, the court considered the fact Ndawala owned a home loan exceeding R2.6 million and was in arrears of over R977,000, with the amount still increasing. With these facts, the judge deemed it appropriate to declare the property to be repossessed by the bank. "I am of the view that foreclosure will also assist Mr Ndawala to alleviate the escalating indebtedness not only on the home loan but also towards other creditors like the municipality and the homeowner's association." In May 2023, a property evaluator valued the property at R2.8 million, whereas the municipality valued it at R2.6 million. Conversely, the bank suggested a sale price of R2.2 million, which the judge deemed fair, taking into account the outstanding amounts owed to the municipality and the Homeowners Association. However, Ndawala contended that the property was worth over R5 million. He said R2,2 million was too low and argued that R4 million was more reasonable. Ndawala's argument was dismissed because his finding was not supported by a property evaluator. In contrast, the bank relied on independent evaluators to support their position. Despite ruling in favour of the bank, the judge suspended the order for six months to give Ndawala enough time to finalise the deal which he claimed would settle all his debts at one go. "I decided to grant him the benefit of the doubt by suspending the operation of the order for six months in order to give him a fair chance to bring his arrears up to date," read the judgment. The judgment was made in June 2024, and the reasons were not written. In July 2025, Nedbank approached the judge to request written reasons that informed the ruling. The reason for this request was because Ndawala had submitted an application for leave to appeal the judgment. IOL News Get your news on the go, click here to join the IOL News WhatsApp channel
Hans India
2 days ago
- Politics
- Hans India
Malawi President recalls Parliament to amend voting law
Malawian President Lazarus Chakwera has ordered the country's recently dissolved Parliament to reconvene on August 5 to amend the voting law to ensure that all eligible citizens, including those assigned to duty on election day, can cast their votes. Malawi's 2019-2025 Parliament was dissolved on Wednesday by National Assembly Speaker Catherine Gotani Hara, in line with constitutional provisions for an election year. However, the Constitution empowers the president to recall Parliament before a general election if a constitutional crisis is deemed to have arisen, Xinhua News Agency reported. A supplement to the government Gazette dated Friday and signed by Chakwera confirmed the decision to reconvene Parliament to consider amending the Presidential, Parliamentary, and Local Government Elections Act. A follow-up statement from the State House on Saturday provided further clarification. "President Chakwera... has ordered that Parliament be reconvened for an emergency session on Tuesday, Aug. 5, 2025, to amend the Presidential, Parliamentary, and Local Government Elections Act in order to allow Malawians who will be posted on duty for various electoral services in various parts of the country on election day to cast their vote where they are posted, instead of where they registered," the statement read. It added that the proposed amendment seeks to safeguard every Malawian's constitutional right to vote. Malawi is scheduled to hold its general election on September 16 to elect the president, members of Parliament, and local government councillors. More than 20 presidential aspirants, including incumbent President Chakwera and two former presidents, Peter Mutharika and Joyce Banda, have declared their intention to contest the presidency. Malawi's President Lazarus McCarthy Chakwera was sworn into office on June 28, 2020. Before joining frontline politics, Chakwera was President of the Malawi Assemblies of God from 1989 until he resigned on May 14, 2013 to contest in the 2014 General Elections as a presidential candidate for the Malawi Congress Party.
Daily Mirror
18-07-2025
- General
- Daily Mirror
'I was sold into marriage for £7 aged 12 and by 13 I was a mother'
Tamara was born into a family that lived below the poverty line, like the majority of others in her rural farming community in Malawi. When both her parents died in quick succession, aged 13, she was sent to sleep on her grandmother's floor before she was sold into marriage for just £7 After losing both parents in rapid succession, a 13-year-old girl found herself sleeping on her grandmother's floor before being sold into marriage for a mere £7. Tamara was born into extreme poverty, mirroring the harsh reality faced by most families in her remote agricultural village. When both her mother and father passed away, Tamara moved in with her grandmother but this arrangement proved short-lived as she returned from school one day to learn of her devastating fate. A stranger in his twenties, who had never met Tamara, handed over 15,000 Malawian kwacha - roughly $9 or £7 - to secure her as his bride. Her grandmother had already traded the cash for maize to sustain the household, and the purchaser was eager for Tamara to abandon her education and relocate to his home, reports the Express. At just 12, Tamara discovered she was carrying a child. "She told me I had to get married," Tamara revealed to the BBC. "She had already received money from a man. "Life was difficult because the man was older," Tamara explained. "He used to physically abuse me by biting me every time I did something wrong." Following three months of torment, social services were alerted to her plight, prompting the man to flee and leaving Tamara to trek to her aunt's village. Though Tamara resumed her schooling, she soon realised she had missed several menstrual cycles, forcing her to confront the reality of motherhood at just 12 years old. By 13, Tamara was heavily pregnant, sleeping on the floor of her aunt's cramped dwelling whilst continuing her labour in the fields. In the end, Tamara delivered a healthy baby boy, Prince. A modest Malawian charity based in Blantyre, known as People Serving Girls At Risk, funded a cyclist to transport her to the neighbourhood health centre during labour. The charity also conducted routine visits with both her and her aunt. Fortunately, Tamara's delivery went smoothly, unlike many young brides who face complications, according to The World Health Organisation. "Tamara is back home and doing well with her young son, her family are very happy about his arrival," says Caleb Ng'ombo, executive director at People Serving Girls At Risk. "She has the support of the community and her aunt, but the real work starts now. It would be better for her to return to school but she also needs to support her child." Tamara expressed her wish that Prince will complete his education. The teenage mother now assists at her aunt's produce stand, which generates roughly £39 monthly. The stall sits just metres from their dwelling. Tamara contributes when possible whilst maintaining friendships with other young women in the settlement. Research suggests one in five girls globally are wed before turning 18, according to campaign organisation Girls Not Brides. Whilst some nations have legislation prohibiting child marriage, enforcement often falls short, though Malawi is beginning to witness early signs of progress. Child marriage has been outlawed in Malawi since 2017, yet it continues to be culturally accepted in rural communities such as Tamara's, home to approximately 85 per cent of Malawi's populace. Girls Not Brides reports that over 40 per cent of girls in the country are wed before they reach 18.
The South African
16-07-2025
- Health
- The South African
'We can't be xenophobic': Health MEC says illegal foreigners pay for services
The MEC for Health in Gauteng, Nomantu Nkomo-Ralehoko, says that contrary to popular belief, illegal foreigners do pay in local hospitals. This comes after videos and images of individuals and groups against illegal immigration turning away foreigners in clinics and hospitals, especially in KwaZulu-Natal and Gauteng, have been circulating on social media in recent weeks. Anti-illegal immigration groups, such as March and March and Operation Dudula, who have been at the forefront of mobilising citizens to block undocumented immigrants in healthcare institutions, have argued that South Africans should be put first. The groups also say that illegal foreigners are a burden to taxpayers and that the immigrants should pay for the services they access, just like how any other person pays for health insurance when in a foreign country. On Wednesday, 16 July, Nkomo-Ralehoko told TV news channel Newzroom Afrika that it is painful that people are being blocked from accessing healthcare services, and she does not agree with it. Nkomo-Ralehoko said the constitution does not allow for illegal foreigners to be turned away when they are not well. 'I don't agree with it, and it's a painful story, but unfortunately, people feel that we're not supposed to do that, and my worry is if that person dies at the gate, I should stand there and clarify to the citizens. What will I say if a heavily pregnant woman was denied access to the institution and that child, including the woman, died? 'I have to explain to the citizens, it doesn't matter whether that person is a Malawian or Zimbabwean, when the person gets in there not well, that person must be treated. My head is the only one that is going to be on the block,' she said. In August 2022 violence flared up outside the Kalafong Tertiary Provincial Hospital between anti-illegal immigrants group Operation Dudula members and Economic Freedom Fighters (EFF) from Gauteng. Operation Dudula members had been picketing outside the hospital and had been preventing immigrants from accessing health services, insisting they should be properly documented and should pay for the services. Then Minister of Health Joe Phaahla said that they will consult with embassies to find out if they can foot the bill for immigrants from neighbouring countries who access health services from public hospitals in South Africa. 'We will consult with embassies to see if there is a need for refunding or there could be some compensation,' he said at the time. During her interview with Newzroom Afrika on Wednesday, Nkomo-Ralehoko emphasised the importance of agreements between South Africa and other countries around how to deal with the pressure on the public healthcare system. 'Yes, we do have those agreements…some of those agreements, the countries are paying, but the individuals that come on their own accord in the hospitals, they do pay too. There's this notion that everybody who gets there who comes from foreign countries is not paying. It's not true, not everyone is not paying,' she explained. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
The Citizen
14-07-2025
- Politics
- The Citizen
If you are in South Africa illegally, self-deport now, warns Home Affairs
'We want to send a strong message to all who are illegally residing and working in the country that we are coming for them' Operation New Broom in Roodepoort in Gauteng on 7 July 2025. Picture: Home Affairs/X Home Affairs Minister Leon Schreiber has warned those in South Africa without proper documentation to self-deport before his department reaches them. On Friday, Schreiber led Operation New Broom to conduct its first immigration enforcement raids in Nelson Mandela Bay. The operation led to the arrest for deportation of 95 illegal immigrants. Numerous operations have already been conducted in Cape Town and Pretoria. ALSO READ: Tip-off leads police to at least 90 illegal foreigners in abandoned Houghton property The latest operation took place in the Gqeberha Central Business District, where, according to Schreiber, a dilapidated warehouse was found to be housing numerous illegal foreigners. A Chinese-owned business was also found to be in contravention of a range of immigration laws. The Department will be in court today to confirm the deportation orders. 'Operation New Broom demonstrates our commitment to work in a focused manner to restore the rule of law. 'Our message to people who are in our country illegally is clear: voluntarily self-deport now, before Home Affairs deports you and bans you from entering South Africa altogether,' warned the home affairs minister. Gauteng operation On Monday, 7 July, Deputy Home Affairs Minister Njabulo Nzuza led Operation New Broom in Roodepoort in Gauteng. The operation followed a tip-off from a community member. ALSO READ: SA taxi driver nabbed attempting to smuggle 25 illegal foreigners, gets R375k fine 'We encourage citizens to continue reporting suspected illegal activities. It would have been difficult for anyone to suspect that unlawful activities were taking place here because the managers and workers live and sleep in the factory,' said Nzuza. 'We want to send a strong message to all who are illegally residing and working in the country that we are coming for them. We found 21 illegal foreign nationals from Malawi, China and Zimbabwe. One Malawian had a visitor's visa but was found working in contravention of the conditions of his visa. All the arrested people are being processed for deportation.' Home Affairs' Operation New Broom Home Affairs launched Operation New Broom in May, as part of the department's drive to intensify enforcement operations in urban hotspots. The operation seeks to arrest, convict and deport illegal immigrants occupying public spaces. ALSO READ: Home Affairs committee raises alarm over border authority underfunding The first operation took place in District 6 in Cape Town, where 25 suspects were arrested while occupying land meant for restitution to the victims of forced removals. The operation utilises biometric technology to verify the immigration status of suspects, thereby eliminating the risk of fraudulent documents and strengthening legal cases. 'The benefits of our commitment to digital transformation are being felt across all areas of Home Affairs' mandate, including through the strides made by the Border Management Authority at the borders and by Home Affairs inland,' said the minister. 'As with everything else we do, Operation New Broom is guided by our commitment to the rule of law. It is this commitment that both motivates us to do more to combat illegality, and to uphold due process and legal compliance in the process.' READ NEXT: Schreiber explains persistent ICT failures plaguing home affairs offices
