Nelson Mandela Bay man disputes Public Protector’s findings following violent boundary wall quarrel

When a neighbours’ dispute over a boundary wall turned violent in 2021, a Gqeberha man landed in hospital with multiple stab wounds, and two brothers found themselves before court, where they were convicted of attempted murder.

At the same time as the criminal matter, municipal officials were roped in to conduct a thorough investigation of the land dispute, and the Public Protector’s office was even involved to seek a resolution. But nearly four years down the line, Mzwandile Damane said the matter was still unresolved, and lodged an appeal against the findings of the Public Protector’s report.

While he is still not on speaking terms with the neighbour who almost claimed his life, Damane and Vuyani Gcakazi find themselves on the same side for once – both wanting to see the land dispute resolved and the matter put behind them.

Conflict boils over

The saga dates back to 2009, when Damane inherited his father’s home in Mzilikazi Street, Kwazakele and suspected that the neighbours had moved the boundary fence to encroach on his property. He confronted his neighbour, Eunice Fambu, about the matter several times and even lodged an inquiry with the municipality in 2014, requesting that the property be measured and compared with the original title deeds. 

“Nothing was ever done, and I blame myself. I travelled a lot for work, spent long periods out of Gqeberha, and I never followed up about my query,” Damane said. In 2021, when he began extensive renovations on the original RDP house, he found proof that his neighbours had moved the fence.

When he compared old municipal maps to more recent satellite pictures, he noted that the neighbours had moved the fence to allow for their own renovations. His findings prompted an official investigation by the municipality, and his relationship with the neighbours steadily deteriorated. The conflict came to a head on December 3, 2021. 

Damane was having a discussion with his contractors, who had to use the neighbours’ yard to access drains at the back of his property. They were confronted by a woman. A heated argument ensued.

Later that afternoon, Damane was in his bedroom while his two-year-old daughter was watching television in the lounge. He heard someone banging on his front door, and as he rushed into the lounge, Fambu’s sons kicked in his front door.

Stabbed in the chest

“I was about to ask them what they were doing when one of them lunged at me with a traditional spear and stabbed me in the chest.”

A scuffle ensued, and Damane suffered further wounds to his head and torso. In an effort to defend himself, he grabbed the blade of the spear with his bare hand, severing all the tendons in his fingers in the process.

He managed to wrestle the two men out of the house and called for an ambulance and the police. Only once he had retrieved a towel to cover the cut on his temple did he notice his wide-eyed daughter sitting in the lounge, having witnessed the violent incident.

Vuyani and Andile Gcakazi were arrested and convicted of attempted murder in the New Brighton Magistrate’s Court. They were handed a four-year suspended sentence in July 2023.

Official site visits

Meanwhile, municipal officials conducted several site visits at the two properties in question in 2021 and 2022, and the Public Protector’s office appointed an investigator to assist with the matter.

The Public Protector’s final report found that the boundary wall did in fact encroach on Damane’s property, severely limiting his access to sanitation and electrical infrastructure.

However, it was also found that most of the RDP houses on that street block were placed incorrectly on their respective plots, causing a series of complications.

It was ultimately determined that the boundary wall between the properties needed to be demolished, and crucial infrastructure, including electrical and sewage, needed to be moved to allow both property owners easier access. The wall will then need to be rebuilt.

The municipality submitted a further report that its officials were met with “hostile reaction and intimidation” from residents. Subsequently, the Public Protector closed the file in August 2023.

Report disputed

But Damane disputes the municipality’s reports and lodged an appeal with the Public Protector in June 2025.

Working for the Health Department in the Western Cape, Damane spends much of his time out of Gqeberha and denies ever confronting any municipal officials on his property. “I also had regular contact with my neighbour prior to lodging the appeal, and she said no municipal officials ever approached her regarding our ongoing boundary wall issue,” Damane said.

Fumba’s son, Vuyani Gcakazi, confirmed Damane’s version, denying that his family was ever contacted or approached by municipal officials.

“Sadly, my mother passed away recently. Her funeral was in June. But she never mentioned any contact with the municipality. In fact, she was quite upset that the matter with Mr Damane was never addressed. She also wanted it resolved.

“Since her death, I have moved into the house with my sister, and we have also had no contact with the municipality. We have now inherited the problems my mother failed to resolve,” Gcakazi said.

When asked if he was aware of the Public Protector’s report, Gcakazi said he was, but had not seen what the outcome was.

“Mr Damane and I might not agree on most things, but if he wants to take this thing further, I support his decision,” Gcakazi said.

“The current situation is hampering both our families from accessing services. We would love to see the matter resolved properly.”

Damane says he hopes to receive feedback on his appeal soon. DM