Durban - The children of former mayor of Verulam Sagadava “Manna” Naidoo, who was killed in May, are embroiled in a bitter battle over a property in the town, even though none of them legally owns it.
Vibashin, Yushen and Inthran Naidoo claim they occupied flats in Evergreen Court in Groom Street, and that the majority of the building had been bequeathed to their deceased father by their late great-grandfather.
Their father, Manna, had allowed his children to live in the flats, although the property remained in the great-grandfather’s name. Yushen said their great-grandfather had owned the property and allocated the flats to whoever he saw fit to live there. “We were always the landlords. My dad was nominated as executor of my great-grandfather’s estate.
He resigned as executor when he decided to join Parliament and nominated my uncle, Sivaraj, to be executor.” Adeshin, also Manna’s son, who was also involved in a dispute with his siblings, claimed he was kicked out of his flat in November 2020 after an alleged incident in October that year. He alleged Vibashin and Yushen were armed and attempted to assassinate him at that time.
Vibashin and Yushen have denied the allegations, saying Adeshin willingly moved out in September 2020 because of a drug-related matter. But Adeshin claimed he had been trying to gain access to the flat from June, and that an order by the Family Court stipulated that his siblings were not allowed on to the property. “I lived there from 2011. They kicked me and my family out and refused me entry to the flat.
I was then involved in legal battles with my uncle. I now have a final court order granting me entry to the property and to stay there,” claimed Adeshin. Their sister, Velash Lombaard, was in Vibashin’s flat alone on Monday when Adeshin unsuccessfully tried to gain access to the building.
The matter came to a head on Wednesday when Adeshin’s siblings went to the Durban High Court to get a spoliation order against him. Adeshin then returned to the property with police and security guards. “We went there with police.
No one was living there. My flat had no lock on the gate, and the door was open. All my belongings were missing. My siblings took me to the High Court for an urgent application because they said I was kicking them out of the building. The case was kicked out of court with punitive costs.
Yushen, Inthran, Vibashin and a worker tried to assault me in front of police officers.” The trio denied the allegations. Inthran said he had been at the building that morning.
“When I turned around, four guys grabbed me from the back. Adeshin said I didn’t belong there and they had to get me off the property. The guys had rifles and pointed them at my head,” he said.
He claimed that Adeshin broke the gate and gained access to the building. Inthran said he called the police and Yushen, and one of their attorneys arrived and requested paperwork stating Inthran was prohibited from entering the premises. “Yushen was served with a protection order and wasn’t allowed there.
Our attorney came with documentation stating that Vibashin is allowed in the flat and Adeshin’s order against him accessing the property was suspended. Adeshin took a police officer to each flat. I don’t know how they got into the flats because we had our keys,” he said. Lombaard said she and Yushen went to their attorneys, who advised them to go to the High Court.
“Our aim was to bring about an urgent spoliation (denying someone’s right of possession) and give oral evidence. Our matter was struck off the roll because it didn’t follow certain processes to get an urgent hearing.”
Vibashin claimed he had been held hostage for several hours by armed men. He claimed when his siblings returned with the police, they requested he not be let out of the building. “I told them I wanted to leave the building and that they must lower their guns. They refused.
At about 1am there was still no help. The guards were still there, so I opened the balcony door and jumped down and we left.” KwaZulu-Natal police spokesperson Lieutenant-Colonel Nqobile Gwala said: “There was no hostage situation. There was a dispute between family members.” Sivaraj could not be reached for comment.
SUNDAY TRIBUNE