For Immediate Release
14 May 2021
LRC secures court order restoring home ownership to yet another victim of the Brusson Finance Scheme
JOHANNESBURG — The Legal Resources Centre secured an order from the High Court in Johannesburg yesterday, awarding our client ownership of her home that was lost in 2008 because of the fraudulent Brusson Scheme. Our client, Mrs. Issacs Haleema Hoosen and her late husband, owned and lived in their home for 40 years when they became victims of the Brusson Finance Scheme, resulting in their home being sold without their knowledge or consent. The Brusson Finance Scheme was declared illegal by the Free State High Court in 2010 in the case of Ditshego and others v Brusson Finance (Pty) Ltd and Others.
In the 2015 judgment of ABSA v Moore, as confirmed by the Constitutional Court in Absa v Moore and Another, the courts found that the above scheme was unlawful, of no force or effect and subsequently set aside. The Brusson victims in that case, the Moores, were declared owners of their property and the mortgage bond in the name of the investor was set aside. The law is therefore clear, and with the Moore judgment as reference, we sought to achieve the same outcome for the rest of our clients. We therefore approached the High Court to seek an order to have the Johannesburg Deeds Office Johannesburg – cited as the third Respondent in this matter – to restore title over our client’s property and effectively cancel all the transfers that had occurred due to this scheme, in terms of section 6(1) of the Deeds Registries Act No 47 of 1937.
The court agreed with us and an order was granted accordingly, as prayed for by our clients.
We welcome the decision by the High Court.
Issued by the Legal Resources Centre
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