When property rights collide with Ubuntu: the Govindan ruling and its implications

THE recent Durban High Court ruling in the Govindan eviction matter has ignited debate about the balance between property rights and our obligations to the elderly.

- SANJITH HANNUMAN

RIGHT: Research shows that elderly individuals facing eviction experience significantly higher rates of depression and anxiety, says the writer

(Meta AI)

Judge Robin George Mossop’s decision to grant Sarojanie Govindan’s application to evict her elderly in-laws from their late son’s property, while legally sound, exposes how financial pressures are reshaping family dynamics and eroding Ubuntu values that define South African society.

From a legal perspective, the judgment is unassailable. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act mandates that courts consider whether eviction is “just and equitable” after weighing circumstances including the rights of the elderly.

Judge Mossop correctly determined that the oral invitation extended to Thamanathran and Romila Govindan, aged 79 and 72, could be terminated at the executrix’s discretion. However, the law’s technical correctness does not address broader societal implications.

Having advised clients on estate planning for decades, I have observed a disturbing pattern: the increasing willingness of beneficiaries to prioritise immediate financial gain over familial duty. This trend has devastating consequences that extend far beyond the individuals directly involved. The facts are sobering. This elderly couple, with a combined monthly income of RS 200, had faithfully paid all utilities throughout their occupation. They were not delinquent or destructive, and had been specifically invited by their late son. Their only transgression was existing in a space that could be monetised.

Judge Mossop’s observation that the widow’s change of heart “brings no credit to her”, and suggests she is “mean spirited”, reflects the moral discomfort inherent in this case. This ruling sets a precedent that should alarm every South African family.