How do I refund the person I sold my numbered shack to and get my shack back?

The long answer

Unfortunately, once you have sold the shack, it belongs to the person who paid you for it, and if he does not want to accept your refund of his money and give the shack back, there is nothing you can do. 

In the common law, if one person (the seller) promises to deliver a thing to another person, (the buyer) in return for an agreed price, that is a binding contract. Now that the money has been paid, you can’t reverse the sale.

Perhaps you can speak to the leadership or housing committee in your area and ask if they can let you know when someone else wants to sell their shack so that you can buy it. There is usually a structure in informal settlements that gives leadership to the community living there. There may also be a women’s committee that you can speak to about your children’s school problem.

Perhaps you can also go to your children’s school and explain the situation and ask if there is some way your children can be assisted to get to school. Perhaps it would be worth approaching the municipality and asking for their assistance in getting another numbered shack. 

You could also ask an organisation like the Black Sash which gives free paralegal advice, for help and advice about your children’s schooling. These are their contact details:  

• Helpline: 072 66 33 73
• Email: help@blacksash.org.za

Wishing you the best,
Athalie